By Michael A. Foley
Justice Marshall as soon as remarked that if humans knew what he knew concerning the demise penalty, they might reject it overwhelmingly. Foley elucidates Marshall's declare that primary flaws exist within the implementation of the demise penalty. He courses us in the course of the heritage of the ultimate Court's dying penalty judgements, revealing a constitutional quagmire the court docket needs to navigate to prevent violating the basic tenant of equivalent justice for all.
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Extra resources for Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty
S. Supreme Court does not have a right to review a defendant’s claim, in a state case, that his or her Sixth Amendment rights were infringed, for the Sixth Amendment does not apply to the individual states. ” What, then, is included in this due process of law idea? ’”45 Sutherland quotes the following from another case: [I]t is possible that some of the personal rights safeguarded by the first eight Amendments against National action may also be safeguarded against state action, because a denial of them would be a denial of due process of law.
WEEMS V. UNITED STATES The noncapital Eighth Amendment cruel and unusual punishment case titled Weems v. S. 349  [argued 11/30 and 12/1/1909; decided 5/2/1910]) contains two of the more contentious and challenging approaches to constitutional interpretation, namely, interpretivism and noninterpretivism. For my purpose, these approaches are defined succinctly as follows. ”20 For example, an interpretivist will adhere as strictly as possible to the language of the Constitution. Because the language of the Fifth Amendment supports the taking of life under certain circumstances, the death penalty remains a constitutional right for the states and the federal government.
The failure to guarantee counsel from arraignment through trial, according to Justice Sutherland, constituted a denial of the right to counsel. ”41 In his lead opinion, Sutherland makes a comment, as relevant today as the day he wrote it, about the need to dispose of cases efficiently without sacrificing fairness. It is true that great and inexcusable delay in the enforcement of our criminal law is one of the grave evils of our time. Continuances are frequently granted for unnecessarily long periods of time, and delays incident to the disposition of motions for new trial and hearings upon appeal have come in many cases to be a distinct reproach to the administration of justice.
Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty by Michael A. Foley