At least since 1972, when the Supreme Court declared that the capitalpunishment (death penalty) statutes across the states wereunconstitutional as applied, the debate around the use of CapitalPunishment and due process has continued. Controversy regarding theutilization of capital punishment usually raises its voice when anexecution is about to happen. Thus far, the Supreme Court has neverdeclared the use capital punishment to be unconstitutional. Challengesby defense attorneys will undoubtedly continue.

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

In your discussion consider:

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