The Problem of Implementing a Constitutional System of Capital Punishment

110 Pages Posted: 23 Apr 2012

Date Written: April 22, 1995

Abstract

The article examines the history of the Supreme Court’s capital punishment jurisprudence under the Eighth Amendment, focusing on the twin principles that the Court has identified: guided discretion and individualized sentencing. The article argues that these two principles, if both broadly construed, ultimately conflict with each other and result in a death penalty jurisprudence that is internally inconsistent. The article suggests harmonizing the principles by emphasizing the role of guided discretion in capital sentencing while limiting the role of the individualized sentencing principle.

Suggested Citation

McAllister, Stephen R., The Problem of Implementing a Constitutional System of Capital Punishment (April 22, 1995). Kansas Law Review, Vol. 43, No. 1039, 1995, Available at SSRN: https://ssrn.com/abstract=2044037

Stephen R. McAllister (Contact Author)

University of Kansas - School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States

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