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Death penalty cases are complex and require the jury to make decisions about life and death that are far different from the usual juror decision of guilt beyond a reasonable doubt.. Research indicates that jurors in capital cases do not fully understand many aspects of the instructions they receive.he Project also found that 44% of jurors believed the death penalty was required if the defendant's conduct was heinous, vile or depraved, even though the Supreme Court has ruled that the death penalty cannot be required because specific aggravating circumstances have been established.
By 1976, Georgia, Florida, and Texas had drafted new death penalty laws, however, and the U.S. Supreme Court upheld them. Of the nine justices, only two, william j. brennan jr. and Thurgood Marshall, persisted in the belief that capital punishment is unconstitutional per se.upporters of capital punishment agree with detractors on one issue: the death row appeals process is far too complex and expensive. However, while opponents of the death penalty use this as a reason to reform sentencing, supporters use it as a reason to reform the system of appeals.