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By 1972, with support for the death penalty on the decline, the Supreme Court ruled in the landmark case Furman v. Georgia by a vote of 5 to 4 that all death penalty laws were unconstitutional. Legislators quickly introduced new bills to resurrect the death penalty. Public opinion shifted from an 8-point margin in March to a 25-point margin for the death penalty in November. By 1976 supporters outnumbered opponents 65 percent to 28 percent, the widest gap since the early 1950's(Banner 70). .
Abolitionists cite non-deterrence as one of the major reasons for halting the death penalty. However, as Kamener says, "By speeding up the process," word will quickly get out on the street that society means business here"(Worsnop 197). I believe it is not the actual killing which will produce the deterrent effect, but the fear of death itself. As representative Steve Chabot from Ohio said, people are sick and tired of criminals who have taken "innocent-human life so they can play games with our legal system from their prison cells for year after year (Worsnop 196). The only way the death penalty will ever work is if we give it the teeth needed to take effect.
Next we will look at the legal factors: Is it administered according to rules? In the landmark case Furman v. Georgia, the Supreme Court ruled the death penalty as being administered violated the 8th amendment for being cruel and unusual punishment. Afterward many states passed laws, which took into account aggravating and mitigating circumstances. "The new death penalty statutes were drafted to conform to the opinions of the two justices [of the Supreme Court] who had held the balance of power in Furman, Potter Stewart and Bryon White. What had troubled them about the death penalty was its randomness." (Banner 70) The new laws were put to the test in Gregg v. Georgia and were upheld. "Under the Gregg decision, the prosecution uses the punishment-phase hearing to focus attention on the existence of "aggravating factors," such as excessive cruelty or a defendant's prior record.