John Stinneford of the University of Florida Levin College of Law and Elizabeth Wydra of the Constitutional Accountability Center discuss the meaning of the Eighth Amendment and the future of the death penalty.
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Supreme Court Justice Antonin Scalia’s comments last week on the death penalty’s future in the United States grabbed more than a few headlines, and it could signal a future where America joins a majority of nations that outlaw capital punishment.
On Tuesday, the Supreme Court heard oral arguments in two cases that dealt with the Eighth Amendment’s prohibition on cruel and unusual punishment.
Terrance Williams, who is at the center of two capital punishment controversies, will have one of his cases argued at the United States Supreme Court in the next year, as the Justices accepted an appeal Thursday on Eighth and 14th Amendment grounds.
There could be a five-Justice majority to strike down the practice.