A Comparative Study on Death Penalty Statutes and Their Effects on Certain Minority Groups in Light of Furman v. Georgia

Authors

Analise Nuxoll

First Page

230

Last Page

274

Abstract

Part One of this comment will address the recent history of the death penalty in the United States, focusing on Furman v. Georgia, which placed a four-year moratorium on the death penalty in 1972. Part Two examines which states still have death penalty statutes and the reasons for choosing the selected states for further analysis. Part Two also addresses the difference between facial and as-applied attacks on the state statutes and the reason for analyzing the statutes under as applied unconstitutionality. Part Three explains the thought behind choosing to examine the death penalty’s effect on racial minorities, low socio-economic classes, and those with mental disorders, and these groups’ history with the death penalty. Part Four analyzes three specific state statutes (Alabama, Ohio, and Texas) in light of the constitutional qualifications set by Furman v. Georgia and how those statutes negatively impact racial minorities, low socioeconomic classes, and those with mental disorders. Ultimately, this comment argues that the remaining death penalty statutes are unconstitutional under the elements set forth in Furman v. Georgia. While the statutes may seem legal on its face, an examination of the as-applied effects on the three aforementioned groups reveals that the statutes are invalid and should be replaced

Recommended Citation

Analise Nuxoll, A Comparative Study on Death Penalty Statutes and Their Effects on Certain Minority Groups in Light of Furman v. Georgia, 38 J. Nat’l Ass’n Admin. L. Judiciary 230 (2018)
Available at: https://digitalcommons.pepperdine.edu/naalj/vol38/iss2/6