Article: The Supreme Court's narrow majority to narrow the death penalty

s with so many controversial subjects, the U.S. Supreme Court's death penalty jurisprudence hangs in a precarious 5-4 balance. During the past twenty-five years, the Supreme Court has gradually narrowed the application of the death penalty. Yet, with the next vacancy on the Court, the appointment of a justice who strongly favors the death penalty could end this progress and remove many significant limits on capital punishment.

At first blush, the current Supreme Court might seem committed to letting states freely impose capital punishment. In fact, however, it has narrowed the types of cases in which the death penalty may be imposed: A state may only execute sane adults for committing ...

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