The Death Penalty and Supreme Court Justices
Posted: September 15, 2005
SUPREME
COURT JUSTICES AND THE DEATH PENALTY
In a number of instances, Supreme Court Justices appear to have been affected by their experience with the death penalty after being appointed to the Court:
Justice Harry Blackmun was appointed to the Court by President Richard Nixon in 1970. He voted to uphold the constitutionality of the death penalty in 1972 and 1976. He later remarked:
"From this day forward, I no longer shall tinker with
the
machinery
of death. For more than 20 years I have endeavored--indeed, I have
struggled--along
with a majority of this Court, to develop procedural and substantive
rules
that would lend more than the mere appearance of fairness to the death
penalty endeavor. Rather than continue to coddle the Court's delusion
that
the desired level of fairness has been achieved and the need for
regulation
eviscerated, I feel morally and intellectually obligated to concede
that
the death penalty experiment has failed."
-Callins v. Collins (1994).
Justice Lewis Powell was also appointed to the Court by President Nixon in 1972. He, too, voted to uphold the constitutionality of the death penalty in 1972 and 1976. He later concluded:
"I have come to think that capital punishment should be
abolished." He stated that he would have changed his vote in
capital cases, and that the death penalty "serves no useful
purpose."
-J. Jeffries, Justice Lewis F. Powell, Jr. 451-52 (1994).
Justice Sandra Day O'Connor was appointed by President Ronald Reagan in 1981. She voted to uphold death sentences on many occasions, including in Strickland v. Washington (1984) that set low standards for capital defense counsel. However, she became convinced of the danger of executing the innocent:
"If statistics are any indication, the system
may well be allowing some innocent defendants to be executed. . .
. Perhaps it's time
to look at minimum standards for appointed counsel in death cases and
adequate
compensation for appointed counsel when they are used.''
-Speaking to the Minnesota Women Lawyer's Group, July 2, 2001 (Associated Press).
Justice John Paul Stevens was appointed to the Court by President Gerald Ford in 1975. He voted to uphold the constitutionality of the death penalty in 1976. Recently he stated:
"I think this country would be much
better off if we did not have capital punishment. . . . I really think
it's a very unfortunate
part of our judicial system and I would feel much, much better if more
states would really consider whether they think the benefits outweigh
the very serious potential injustice, because in these cases the
emotions are very, very high on both sides and to have stakes as high
as you do in these cases, there is a special potential for error. We
cannot ignore the fact that in recent years a disturbing number of
inmates on death row have been exonerated."
-Chicago Sun Times, May 12, 2004.
See DPIC's Supreme Court page.
See
C-Span's
Washington Journal: Discussion of the Supreme Court and the Death
Penalty with DPIC Director Richard Dieter and Robert Blecker
(Aug. 31, 2005)
In a number of instances, Supreme Court Justices appear to have been affected by their experience with the death penalty after being appointed to the Court:
Justice Harry Blackmun was appointed to the Court by President Richard Nixon in 1970. He voted to uphold the constitutionality of the death penalty in 1972 and 1976. He later remarked:
"From this day forward, I no longer shall tinker with
the
machinery
of death. For more than 20 years I have endeavored--indeed, I have
struggled--along
with a majority of this Court, to develop procedural and substantive
rules
that would lend more than the mere appearance of fairness to the death
penalty endeavor. Rather than continue to coddle the Court's delusion
that
the desired level of fairness has been achieved and the need for
regulation
eviscerated, I feel morally and intellectually obligated to concede
that
the death penalty experiment has failed."-Callins v. Collins (1994).
Justice Lewis Powell was also appointed to the Court by President Nixon in 1972. He, too, voted to uphold the constitutionality of the death penalty in 1972 and 1976. He later concluded:
"I have come to think that capital punishment should be
abolished." He stated that he would have changed his vote in
capital cases, and that the death penalty "serves no useful
purpose."-J. Jeffries, Justice Lewis F. Powell, Jr. 451-52 (1994).
Justice Sandra Day O'Connor was appointed by President Ronald Reagan in 1981. She voted to uphold death sentences on many occasions, including in Strickland v. Washington (1984) that set low standards for capital defense counsel. However, she became convinced of the danger of executing the innocent:
"If statistics are any indication, the system
may well be allowing some innocent defendants to be executed. . .
. Perhaps it's time
to look at minimum standards for appointed counsel in death cases and
adequate
compensation for appointed counsel when they are used.'' -Speaking to the Minnesota Women Lawyer's Group, July 2, 2001 (Associated Press).
Justice John Paul Stevens was appointed to the Court by President Gerald Ford in 1975. He voted to uphold the constitutionality of the death penalty in 1976. Recently he stated:
"I think this country would be much
better off if we did not have capital punishment. . . . I really think
it's a very unfortunate
part of our judicial system and I would feel much, much better if more
states would really consider whether they think the benefits outweigh
the very serious potential injustice, because in these cases the
emotions are very, very high on both sides and to have stakes as high
as you do in these cases, there is a special potential for error. We
cannot ignore the fact that in recent years a disturbing number of
inmates on death row have been exonerated." -Chicago Sun Times, May 12, 2004.
See DPIC's Supreme Court page.
See
C-Span's
Washington Journal: Discussion of the Supreme Court and the Death
Penalty with DPIC Director Richard Dieter and Robert Blecker
(Aug. 31, 2005)