Abstract

http://ssrn.com/abstract=999650
 
 

Citations (2)



 
 

Footnotes (935)



 


 



Getting to Death: Are Executions Constitutional?


Deborah W. Denno


Fordham University School of Law

March 31, 2011

Iowa Law Review, Vol. 82, pp. 319-464, 1997

Abstract:     
This article addresses the question of when a method of executing a capital defendant amounts to cruel and unusual punishment under the Eighth Amendment. The United States Supreme Court has never reviewed evidence concerning whether any particular execution method is unconstitutional and has rarely even broached the issue.

This article contends that execution methods cases, while reaching the right result, fail to provide a sufficiently comprehensive Eighth Amendment standard for determining the constitutionality of any execution method. The article proposes a test that better comports with the Court's Eighth Amendment case law and more appropriately considers scientific determinations of excessive pain. To apply this test, the article studies each state's legislative changes in execution methods during the Twentieth Century as well as accounts of botched executions. The article suggests that the two most prevalent methods of execution - lethal injection and electrocution - are unconstitutional. The article concludes that this country's historic failure to question the constitutionality of execution methods has often been motivated solely by legislatures' and courts' desires to perpetuate the death penalty. This motivation distorts the death is different principle as well as any rational philosophy of punishment.

Number of Pages in PDF File: 146

Accepted Paper Series


Download This Paper

Date posted: July 14, 2007 ; Last revised: April 2, 2011

Suggested Citation

Denno, Deborah W., Getting to Death: Are Executions Constitutional? (March 31, 2011). Iowa Law Review, Vol. 82, pp. 319-464, 1997. Available at SSRN: http://ssrn.com/abstract=999650

Contact Information

Deborah W. Denno (Contact Author)
Fordham University School of Law ( email )
140 West 62nd Street
New York, NY 10023
United States
212-636-6868 (Phone)
212-636-6899 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 833
Downloads: 187
Download Rank: 92,708
Citations:  2
Footnotes:  935

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.329 seconds