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Sumner v. Shuman, 483 U.S. 66 (1987) – Mandatory death penalty for a prison inmate who is convicted of murder while serving a life sentence without possibility of parole is unconstitutional. Kennedy v. Louisiana, 554 U.S. 407 (2008) – The death penalty is unconstitutional for child rape and other non-homicidal crimes against the person.
Additionally, seeking the death penalty is more costly to the state and taxpayer than seeking life without parole. [50] A common argument against life without parole is that it is equally as immoral as the death penalty, as it still sentences one to die in prison.
Georgia, reducing all pending death sentences to life imprisonment at the time. [8] Subsequently, a majority of states enacted new death penalty statutes, and the court affirmed the legality of the practice in the 1976 case Gregg v. Georgia.
In Tennessee, federally prosecuted capital trials where the death penalty is sought cost about 50% more than those where it is not, and 29% of these sentences are overturned on appeal.
[191] [192] Notably, drug couriers like Yong Vui Kong and Cheong Chun Yin successfully applied to have their death sentences replaced with life imprisonment and 15 strokes of the cane in 2013 and 2015 respectively. [198] [199] In April 2023, legislation abolishing the mandatory death penalty was passed in Malaysia. [196]
The huge costs associated with the death penalty are a very good argument for doing away with it -- as though the possibility of executing an innocent person weren't good enough on its own ...
Between 1988 — when the modern federal death penalty was instituted — and the 2021 moratorium, nearly half of all federal death sentences and 10 of the 16 people executed for federal crimes ...
The life sentence Graham received meant he had a life sentence without the possibility of parole, "because Florida abolished their parole system in 2003". [29] Graham's case was presented to the Supreme Court of the United States, with the question of whether juveniles should receive life without the possibility of parole in non-homicide cases.