Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
The Abolitionist's Dilemma: Establishing The Standards Of Decency For The Evolving Standards Of Decency, Dwight Aarons
The Abolitionist's Dilemma: Establishing The Standards Of Decency For The Evolving Standards Of Decency, Dwight Aarons
College of Law Faculty Scholarship
The evolving standard of decency test is at the heart of the constitutional regulation of the death penalty. From 1976 through 1989 the U.S. Supreme Court generally relied on six-factors to define the substantive limits of death eligibility. But in Atkins v. Virginia (2002) and Roper v. Simmons (2005) the Court seemed to change course. The precedential value of Atkins and Roper will depend on the Roberts Court's adherence to precedent. Nonetheless, the Court has some work to do to ensure that the evolving standard of decency test has meaningful content and enduring use.Baze v. Rees, the pending challenge to …