Abstract:
This Article examines the evolution of the death penalty in the
United States, focusing on the modern death penalty regime that the
U.S. Supreme Court sanctioned in 1976. As Mr. Davis’s execution
demonstrates, the conversation around the death penalty has
undergone a marked change in the last decade. Since 2007, a few
states have abolished the death penalty, signaling an important turning
point in America’s modern experiment with capital punishment. This
Article traces these developments and the effect they may have on the
future of the U.S. death penalty and the protection the Eighth
Amendment affords.