Public opinion on the death penalty has been part of the rationale for several Supreme Court decisions, including Furman vs. Georgia (1972). Justices refer to societys evolving standards of decency as a gauge for death penalty support. Up until recently, public support for the death penalty has been falling and even reached a 40-year low in 2016. But your PEW reading reports an uptick in support for capital punishment. Has society’s “standards of decency” been changing over this time? What factors may have contributed to the 40 year decrease in support for capital punishment? And what factors or events may be contributing to the more recent increases in support? What role, if any, should public opinion have in the Supreme Court’s determination of the constitutionality of capital punishment?
When thinking of the evolving standards of decency, can you provide another example of how societys changing standards have led to changes in the laws (or at least discussions about changing the law)? (You don’t have to answer this specifically, but it may help you understand the concept of evolving standards of decency.)
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