Mental retardation is one limit on the death penalty. In the 1986 Supreme Court case Ford v. Wainwright, the Supreme Court banned the execution of insane persons. In the Penry v. Lynaugh case in 1989, the Court said that executing people with mental retardation was not a violation of the Eighth Amendment.
However, in the 2002 case Atkins v. Virginia, the Court ruled again that killing people with mental retardation was in violation of the Eighth Amendment's ban on cruel and unusual punishment (Limiting).
Race is another limitation on the death penalty. In the 1987 Supreme Court case McCleskey v. Kemp, the Court ruled that “racial disparities would not be recognized as a constitutional violation of "equal protection of the law" unless intentional racial discrimination against the defendant could be shown.”
Of all the people under sentence in 2004, 1,850 were white, 1,390 were black, twenty eight were American Indian, thirty two were Asian, and fourteen were of unknown race (Capital). Age is also a limitation on the death penalty. In the 1988 Supreme Court case Thompson v. Oklahoma, four justices said that the execution of offenders fifteen and younger at the time of their crimes was unconstitutional (Limiting).
Religion is argued a lot when it comes to capital punishment. The death penalty goes against almost every religion. Almost all religions regard the death penalty as being immoral. In the Ten Commandments of Christianity, the sixth commandment is “Thou shall not kill.” Therefore, the death penalty goes against the Ten Commandments. Other religions such as Baptists, Episcopalians, Lutherans, Methodists, and Presbyterians all oppose the death penalty (Limiting).
A very well known case that is happening involving the death penalty is that of Zacarias Moussaoui. Moussaoui is the only person being charged with the direct responsibility for the terrorist attacks on the United States on September 11, 2001.
