Supreme Court will not accept case arguing that the death penalty is 'cruel and unusual punishment'
The Supreme Court has turned down an appeal asserting that the death penalty violates the constitutional ban against cruel and unusual punishments, Reuters reports. Only two of the court's eight justices — liberals Stephen Breyer and Ruth Bader Ginsburg — said they would have accepted the case.
The appeal was filed by Lamondre Tucker, who was sentenced to death for the 2008 murder of his 18-year-old girlfriend when she was five months pregnant. Tucker has argued that black males such as himself have an increased likelihood of being given the death penalty due to systemic issues of racism in Louisiana's Caddo Parish.
Tucker "may well have received the death penalty not because of the comparative egregiousness of his crime, but because of an arbitrary feature of his case, namely geography," Breyer wrote. "One could reasonably believe that if Tucker had committed the same crime just across the Red River in, say, Bossier Parish, he would not now be on death row."
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However, by declining the appeal, the Supreme Court moves no closer to taking on a case challenging the death penalty directly. Louisiana's Supreme Court ruling from September 2015, which upheld Tucker's conviction and death sentence, will be left in place.
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Jeva Lange was the executive editor at TheWeek.com. She formerly served as The Week's deputy editor and culture critic. She is also a contributor to Screen Slate, and her writing has appeared in The New York Daily News, The Awl, Vice, and Gothamist, among other publications. Jeva lives in New York City. Follow her on Twitter.
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