A study in California found that those who killed whites were over 3 times more likely to be sentenced to death than those who killed blacks. (Pierce & Radelet, Santa Clara Law Review, 2005). For over one hundred years there have been adamant efforts to abolish capital punishment in America. (Davis, 1957) The death penalty has been a constant controversy amongst American citizens. There are many standpoints to be taken on the dispute. Supporters of the death penalty plead that it can be justified with sufficient due process, while others contradict that a human’s life is irreplaceable and that every person has the right to live. In order to gain a deeper understanding and a better idea of the death penalty and its development into modern day society, it is crucial to examine the historical lawsuits that have been decided in favor or against the capital punishment in America.
In 1987 a monumental lawsuit hit the Supreme Court. McCleskey vs. Kemp 481 U.S. 279, (1987), ruling that McCleskey was to be sentenced to death for an armed robbery that resulted in the murder of a police officer. Appealing for his life, McCleskey argued that studies proved that racial discrimination lived with in capital punishment rulings. He heavily relied on a study conducted by Professor David C. Baldus also known as “Baldus Study”. His study concluded that black defendants were more likely to be punished with capital punishment than white defendants, especially if the victim was white. McCleskey tried to state that this proved his sentence was unconstitutional due to the Fourteenth Amendment. He also appealed that it was unconstitutional under the Eighteenth Amendment claiming that the judge had too much discretion upon ruling the death penalty. Unfortunately the Bladus Study did not provide sufficient evidence to prove that the defendant, himself, was receiving racial discrimination. Discretion in the criminal justice system is not a violation of the Eight Amendment. All punishments fall under the Eighth Amendment, if defendant appeals based on race and receives pardon, the courts would soon be bombarded with analogous claims for other types of punishment. The “unconstitutional” rulings involving race could also be expanded to discrepancies in other minority groups or gender. It being the basis in which the defendant challenges his sentence based on any sub group.
More recently, in Atkins v. Virginia, 536 U.S. 304, (2002), the Supreme Court concluded that assigning capital punishment to mentally retarded criminals indeed violates the ban on "cruel and unusual punishments”. As their mental handicap alleviates the severity of the crime and therefore makes the death penalty unnecessarily harsh. However even later, in Bobby v. Bies, 556 U.S. 825, (2009), it was ruled that the Court can conduct hearings to consider the mental states of the inmates on track to death row, because before this lawsuit, courts had no motive to scrutinize the claims of retardation. I stand strong with Jamie Fellner as he says "Executing the mentally retarded is senseless cruelty. Even strong death penalty supporters recognize that capital punishment is wrong for people with the mind of a child.” The last viewpoint to be foreseen in minors sentenced to death. In Roper vs. Simmons
After researching many court rulings the Supreme Court has continued to display the controversy on capital punishment up to this modern day in age. However each execution is followed by a long trail of investigation. Congress may rule capital punishment on to the defendant, for murder and other capital crimes. The Supreme Court has continued to state that the death penalty is not a violation of the Eighth Amendment's “ban on cruel and unusual punishment”. The Eighth Amendment does state certain procedures and guidelines that must be met when a jury rules capital punishment. It requires a conscientious consideration of the court’s standards of decency to verify if a particular punishment constitutes as a cruel or unusual punishment. When analyzing such standards, courts look for objective factors showing a change in community as wells as making an individual assessment about whether the ruling is reasonable.

* Pierce, Glenn L., and Michael L. Radelet. 2005. “Santa Clara Law Review.” "Impact of Legally Inappropriate Factors on Death Sentencing for Califo" by Glenn L. Pierce and Michael L. Radelet. http://digitalcommons.law.scu.edu/lawreview/vol46/iss1/1/ (July 29, 2016). * Davis, D B. 1957. “The Movement to Abolish Capital Punishment in America.” The American Historical Review. https://www.historians.org/publications-and-directories/american-historical-review (July 29, 2016). * “McCleskey v. Kemp.” Oyez IIT Chicago-Kent College of Law. https://www.oyez.org/cases/1986/84-6811 (July 29, 2016). * Powell, Justice. “McCleskey v. Kemp.” LII / Legal Information Institute. https://www.law.cornell.edu/supremecourt/text/481/279 (July 29, 2016). 5) “ATKINS V. VIRGINIA.” 2002. ATKINS V. VIRGINIA. https://www.law.cornell.edu/supct/ html/00-8452.zs.html (July 30, 2016). 6) Stevens, John P. “ATKINS V. VIRGINIA.” Oyez. https://www.oyez.org/cases/ 2001/00-8452 (July 30, 2016). 7) “Supreme Court of the United States.” 2009. Bobby, Warden vs. Bies. https:// www.supremecourt.gov/opinions/08pdf/08-598.pdf (July 29, 2016). 8) “ROPER V. SIMMONS.” 2004. Cornell University Law School. https:// www.law.cornell.edu/supct/html/03-633.zs.html (July 31, 2016). 9) “Roper vs. Simmons.” Oyez. https://www.oyez.org/cases/2004/03-633 (July 29, 2016).