Hmm . . . maybe. I'm sure you've caught on by now that I tend to support the death penalty, but I do understand your rationale.
The US never abolished the death penalty by a legislative process (although some individual states have done; a few even before the UK abolished hanging for murder).
In 1972, the Supreme Court ruled in
Furman v. Georgia that the "arbitrary and inconsistent imposition" of death penalty as then practiced in the US was unconstitutional. In the case, it particularly stressed the requirement for a capital punishment trial to be separated into two phases: the trial phase and the punishment phase. In the trial phase, a jury decides on the guilt of the defendant. Once a guilty verdict has passed, a separate punishment phase is held in which the jury is presented with a case from the prosecution for imposing the death penalty, and hears mitigating evidence from the defence lawyers. A jury then votes on life-or-death, and if a death sentence is passed, the trial judge can then formally sentence the defendant to death -- although the jury recommendation is non-binding, and the judge can choose to overrule the jury and impose a sentence of life imprisonment instead. If the jury decides against the death penalty, life imprisonment is the default punishment -- the judge may not overrule the jury in this instance.
The individual states each wrote and passed into law these recommendations. In 1976, another case was brought before the Supreme Court,
Gregg v. Georgia, and the Supreme Court held the new judicial procedures to be constitutional. Thus, the death penalty effectively became legal again. The first execution under the modern-day death penalty system occurred in January 1977, when Gary Gilmore was executed by a firing squad in Utah. However, most states didn't begin executions for another several years, as it took time for convicts to work their way through the appeals system. Texas performed the world's first lethal injection execution in 1982, when Charles Brooks was executed. Most states didn't begin executions for up to a decade after the
Gregg ruling. Since reintroduction, 1,114 inmates have been executed -- most recently in Virginia on Thursday, and one in Texas and one in Mississippi on Wednesday (although three in the space of two days is very uncommon).
The obligatory web links for references:
http://en.wikipedia.org/wiki/Furman_v._Georgiahttp://en.wikipedia.org/wiki/Gregg_v._Georgiahttp://www.deathpenaltyinfo.org/article.php?did=414&scid=8http://www.deathpenaltyinfo.org/article.php?scid=15&did=410#SuspendingtheDeathPenaltyhttp://ap.google.com/article/ALeqM5jC2Ex7ynBVOrf0lv-MgOqX8mqWGAD923TSD80http://ap.google.com/article/ALeqM5i-udk0Hm32Eurxb9S7JOP25nwrLwD924ITVG2