Against the Death Penalty

"Does the Death penalty violate the Constitution?

In Against the Death Penalty, Justice Stephen Breyer argues yes, it does: it is carried out unfairly and inconsistently, thus violating the ban on cruel and unusual punishments in the Eighth Amendment to the Constitution.

Against the Death Penalty contains the full text of Justice Breyers dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to the state of Oklahomäs use of a lethal-injection drug that could cause severe pain. This volume includes an introduction to the case and a history of the challenges to the constitutionality of the death penalty by law professor John D. Bessler.

Throughout Against the Death Penalty, Justice Breyers legal citations are made accessible by Besslers explanatory notes, but the text retains the full force of Breyers powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty.

Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. This passionate argument has been cited by many legal experts including the late Justice Antonin Scaliäas signaling an eventual Court ruling striking down the death penalty."