Some opponents believe the court may go further in the future and declare the death penalty unconstitutional.
They argue that it no longer serves as a deterrent to crime because of the years or decades those convicted will spend languishing in prison during myriad state and federal court appeals. T
They also contend the nation's standards of decency have changed since capital punishment's heyday.
More and more judges are against the death penalty, including Judge Smith.“I think it is very plausible that if there are five votes to end the death penalty, it could be with the people who are on the court right now,” Smith says.