Justice Stevens vs. the death penalty

The recently retired John Paul Stevens offers rare criticism of former Supreme Court colleagues. Will his argument change the debate over capital punishment?

Retired Supreme Court Justice John Paul Stevens reinstated capital punishment in 1976 but now says the death penalty is unconstitutional.
(Image credit: Corbis)

Retired Supreme Court Justice John Paul Stevens has written a detailed explanation of why he changed his mind about capital punishment, which he voted to reinstate in the U.S. in 1976 but now says is unconstitutional. In an essay in The New York Review of Books, Stevens says his late-career shift came after activist conservative justices handed down rulings that made executions more common, and less fair. Now, Stevens says, the capital punishment system is tinged with racism and politics. Will Stevens' candor change the way Americans view the death penalty? (Watch Stevens' "60 Minutes" interview)

Lawmakers should listen up: Unfortunately, Stevens can't change policy now that he is retired, says Jessica Pieklo at Care2.com. But his honesty is "refreshing," especially since the court's tradition of congeniality prohibits sitting justices from criticizing each other. Let's hope Stevens' candor will inspire politicians to "take the kind of bold action" necessary to end a system "that does nothing but mock our constitutional principles."

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