At least since 1972, when the Supreme Court declared that the capital punishment (death penalty) statutes across the states were unconstitutional as applied, the debate around the use of Capital Punishment and due process has continued. Controversy regarding the utilization of capital punishment usually raises its voice when an execution is about to happen. Thus far, the Supreme Court has never declared the use capital punishment to be unconstitutional. Challenges by defense attorneys will undoubtedly continue.

Take a position regarding whether or not the capital punishment should be declared prohibited by way of a Constitutional Amendment.

In your discussion consider:

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  1. How many states have capital punishment and how many do not.
  2. Who should make the ultimate decision on applying capital punishment in a particular case? (Judge – Jury – and if the Jury, does it have to be unanimous?)
  3. How do you convince the general population to support your position?
 
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