Is the Death Penalty On the Way Out?

1. Set Focus 
Pose this essential question: Is the death penalty unconstitutional?

2. Read and Discuss 
Have students read the article, marking key ideas and questions. Then ask them to answer the following questions, citing text evidence:

• In the first section, Brandon Garrett says, “What we’re seeing is the death penalty withering on the vine without any need for the Supreme Court to be involved.” What does he mean? Do you agree? Explain. (He means that the death penalty is increasingly falling out of use because more people are seeing it as wrong or too expensive, or they have other concerns about it. And it may effectively be abolished across the nation even if the Court never rules it unconstitutional. Students’ opinions will vary but should be supported with text evidence and other facts.)

• What restrictions has the Supreme Court already placed on the death penalty? (Court rulings have banned the execution of the mentally disabled and juvenile offenders, and restricted the death penalty to crimes in which the victim is killed or to cases of treason.)

• Why do many death penalty experts see Virginia’s decision to abolish the death penalty last year as significant? (They see it as significant because, prior to abolishing the death penalty, Virginia had executed more than 1,300 people, which is more than any other state. Virginia had also carried out more executions in the past 50 years than any other state except Texas.)

3. Core Skill Practice
Assign, print, or project the activity Evaluating Arguments. Have students use it to compare and evaluate the arguments made by supporters and critics of capital punishment.

4. Writing Prompt
Do you think the map on page 11 provides evidence in support of Garrett’s point of view? Explain in a brief essay.

5. Video Deep Dive
Have upper-level students watch these Harvard Law School videos (https://bit.ly/3qJVZCB) and then discuss the impact the Furman ruling had on capital punishment in the U.S.

6. Quiz & Skills
Assess comprehension with the quiz.