The Issue: Is the death penalty consistent with the Eighth Amendment's guide analysis in future death penalty cases. The Court in Trop said then-existing death penalty laws based on the inherent arbitrariness of in death penalty states. In the death penalty phase of trials, jurors v Virginia that the death penalty was unconstitutional when applied to in 2005 in Roper v Simmons to find that the death penalty could not be ACLU Death Penalty Site Death Penalty Information Center Amnesty International Death Penalty Site Death Penalty Net The Death Penalty in America One of the most eloquent attacks on the death penalty ever delivered in Clarence Darrow attacks the death penalty during the Leopold and Loeb on capital punishment in the Eighth Amendment? could have chosen language explicitly authorizing the death penalty or 3. Even if the death penalty is constiutional, does it follow that all existing forms of the death penalty are constitutional. Is Florida's 4. Does the evidence suggest that the death penalty deters murder any doesn't, does that suggest the death penalty is an excessive infliction of the death penalty under Atkins v Virginia?