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Against the Death Penalty
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A landmark dissenting opinion arguing against the death penalty
Does the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen G. Breyer argues that it does: that it is carried out unfairly and inconsistently, and thus violates the ban on "cruel and unusual punishments" specified by the Eighth Amendment to the Constitution.
"Today’s administration of the death penalty," Breyer writes, "involves three fundamental constitutional defects: …
Does the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen G. Breyer argues that it does: that it is carried out unfairly and inconsistently, and thus violates the ban on "cruel and unusual punishments" specified by the Eighth Amendment to the Constitution.
"Today’s administration of the death penalty," Breyer writes, "involves three fundamental constitutional defects: …