Abstract
ABSTRACT After examining historical interpretations of the eighth amendment's ban on cruel and unusual punishments, this paper focuses on recent changes in death penalty attitudes in the United States. Recent decisions by the Supreme Court are discussed that appear to broaden and strengthen the role ofpublic opinion in determining the constitutionality of various aspects of capital punishment. At the same time, several recent public opinion polls document declining support for the death penalty, and find only minority support given the option of life-without-parole (an alternative already available in 35 of the 38 death penalty states in the U.S.). Should these trends continue, the Supreme Court may be receptive to broader challenges to the constitutionality of all death penalty statutes.
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