A Due Process Challenge to the Constitutionality of the Death Penalty in the United States
30 Amicus Journal 18 (2013)
7 Pages Posted: 1 Sep 2012 Last revised: 4 Jun 2013
Date Written: August 28, 2012
The underpinning for an untested challenge to the constitutionality of the death penalty in the United States is provided. The proposed challenge relies on the logical force of a Lockean argument against the death penalty, a relevant collection of recent empirical findings and related commentary from the literature of the social sciences, an appeal to a fundamental principle of justice, and the due process clause of the fourteenth amendment to the U. S. Constitution.
Keywords: John Locke, right of compensation, death penalty, due process, fourteenth amendment
JEL Classification: K14, J38, D63
Suggested Citation: Suggested Citation