Reading Room Document

Constitutional Issues Raised by Death Penalty Proposals

This document is a memorandum analyzing the constitutionality of imposing the death penalty for non-homicidal drug kingpin offenses. It discusses the proposed offenses for which capital punishment could be imposed and the constitutional issues raised by this unprecedented application of the death penalty. The document also reviews the requirements of the Federal Death Penalty Act of 1991 for conformity with the Supreme Court's decision in Tison v. Arizona. The conclusions reached in the document are that the death penalty for drug kingpin offenses raises difficult constitutional issues, including the Eighth Amendment's requirement of proportionality with respect to the imposition of capital punishment. The document also presents questions about the contemporary standards, the degree of harm caused by the offenses, and the degree of the defendant's blameworthiness. The document also reviews the requirements of the Federal Death Penalty Act of 1991 for conformity with the Supreme Court's decision in Tison v. Arizona.

August 3, 1993