Bail, fines, and punishment

In Furman v. Georgia (1972), the Supreme Court effectively halted executions nationwide because the death penalty was being applied in an arbitrary way. Four years later, in Gregg v. Georgia (1976), it allowed states to resume under new laws that gave juries guidance and required a separate sentencing stage.

The death penalty remains lawful under federal law and in many states, but the Court has placed limits on who can be executed and for what crimes.

The Court has repeatedly held that people under 18 are different for sentencing purposes. Roper v. Simmons (2005) barred the death penalty for crimes committed before age 18. Graham v. Florida (2010) barred life without parole for young people who did not commit homicide. Miller v. Alabama (2012) held that a mandatory sentence of life without parole for a juvenile is unconstitutional, because the court must be able to consider the person’s age and circumstances.

In Jones v. Mississippi (2021), the Court clarified that a judge does not need to find a young offender permanently incorrigible before imposing life without parole, as long as the sentence is not mandatory.