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From 1965 until 1980, there was a virtual moratorium on executions
for capital offenses in the United States. This was due primarily
to protracted legal proceedings challenging the death penalty on
constitutional grounds. After much Sturm und Drang, the Supreme
Court of the United States, by a divided vote, finally decided that
"the death penalty does not invariably violate the Cruel and
Unusual Punishment Clause of the Eighth Amendment." The Court's
decisions, however, do not moot the controversy about the death
penalty or render this excellent book irrelevant. The ball is now
in the court of the Legislature and the Executive. Leg islatures,
federal and state, can impose or abolish the death penalty, within
the guidelines prescribed by the Supreme Court. A Chief Executive
can commute a death sentence. And even the Supreme Court can change
its mind, as it has done on many occasions and did, with respect to
various aspects of the death penalty itself, durlog the moratorium
period. Also, the people can change their minds. Some time ago, a
majority, according to reliable polls, favored abolition. Today, a
substantial majority favors imposition of the death penalty. The
pendulum can swing again, as it has done in the past."
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