Opinion by David Von Drehle: If the Supreme Court ever abolishes the death penalty, we must thank Justice Breyer
was an almost 50-year retrospective of America’s thoroughly unsuccessful effort to meet standards set for the death penalty by the court in the 1970s. To satisfy the constitutional ban on “cruel and unusual” punishments, capital cases must be guided by defined standards that greatly reduce the risk of arbitrary, capricious or erroneous outcomes.
After decades of effort, Breyer argued, the death penalty machinery was collapsing under the weight of its defects. In 86 percent of U.S. counties, Breyer wrote, “there is effectively no death penalty.” The average time between sentencing and execution — in those few cases where executions actually occur — had stretched to nearly 18 years, as backlogged lower courts attempted to give each appeal the promised scrutiny.
Offenders, Breyer noted, have “a good chance of dying from natural causes before any execution can take place.”Thus, the ultimate punishment had lost credibility, he observed. “A death penalty system that seeks procedural fairness and reliability brings with it delays that severely aggravate the cruelty of capital punishment,” he wrote, “and significantly undermine the rationale for imposing a sentence of death in the first place.
to abolish capital punishment — was already visible as Breyer compiled his argument. Only about a third of all Americans live in a state where capital punishment is a practical reality. Yet this trend does not absolve the court of its duty to enforce its own standards, he wrote. “We are left with a judicial responsibility. The Eighth Amendment sets forth the relevant law, and we must interpret that law.”
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Supreme Court Justice Stephen G. Breyer to retire, giving Biden his first appointmentJustice Stephen G. Breyer will retire, clearing the way for President Biden to make his first appointment to the Supreme Court.
Read more »
Justice Breyer retiring from Supreme Court; Biden vows to nominate Black womanPresident Joe Biden reasserted a pledge to nominate a Black woman to the Supreme Court, calling it “long overdue.” A decision is expected by the end of February.
Read more »
Katyal: Justice Breyer has been ‘brilliant and humble’Neal Katyal was a clerk for Supreme Court Justice Stephen Breyer, who is set to announce his retirement. In order for Breyer’s legacy to continue, Katyal says, “You’ve got to get someone in who knows what the Supreme Court game is … we need someone who can fight and who knows how to talk to other people.”
Read more »
Supreme Court Justice Stephen Breyer to retire, giving Biden a chance to nominate a replacementSupreme Court Justice Stephen Breyer is retiring, NBC News reported, giving President Joe Biden a crucial opportunity to replace the liberal justice.
Read more »
Biden honors retiring Justice Breyer, promises to nominate Black woman to replace him on Supreme CourtJustice Stephen Breyer's retirement clears the way for Pres. Biden to follow through on his campaign promise to nominate the first Black woman to the high court for his historic first pick.
Read more »