Arbitrary And Capricious: The Supreme Court, The Constitution, And The Death Penalty

the Supreme Court, the constitution, and the death penalty

Author: Michael A. Foley

Justice Marshall once remarked that if people knew what he knew about the death penalty, they would reject it overwhelmingly. Foley elucidates Marshall’s claim that fundamental flaws exist in the implementation of the death penalty. He guides us through the history of the Supreme Court’s death penalty decisions, revealing a constitutional quagmire the Court must navigate to avoid violating the fundamental tenant of equal justice for all.