Capital Punishment

nst blacks and launched a campaign against the death penalty around the same time. The LDF poured its resources into aiding death row prisoners which tied up the capital punishment cases for years allowing them to achieve their goal of a moratorium on the death penalty (Vila, Morris:131). From 1967 to 1977, there were no executions anywhere in the United States because of groups like these that rallied to oppose it, the particularly low public support of it, and a number of supreme court cases that decided in the favor of the abolitionist movement.
             One crucial case was Witherspoon v. Illinois in 1968. The supreme court ruled that prospective jurors who oppose the death penalty can not automatically be excluded from juries in possible capital punishment cases. The court said that having jurors that oppose the death penalty is part of a fair, "impartial jury" as dictated by the Sixth Amendment. Some dissenters claimed that people who were ethically opposed to the death penalty were biased because they would never vote to give the death penalty to people who deserved it. Some historians say that this marked the first time that the supreme court was persuaded by public opinion against capital punishment. The following statement was made by Justice Potter Stewart who spoke for the majority, "In a nation less than half of whose people believe in the death penalty, a jury composed exclusively of such people cannot speak for the community...In its quest for a jury capable of imposing the death penalty, the State produced a jury uncommonly willing to condemn a man to die" (Gottfried:60). Scholars and lawyers also thought this would be the end of capital punishment for good because the courts' willingness to accept people who fundamentally opposed the death penalty, but this turned out not to be true because of details in the decision that allowed courts and legislatures to work around it.
             The 1972 case of...

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