Before 1968, the only issues the supreme court considered in relation to capital punishment concerned:

Before that year the only issues in relation to capitl death was the means of administering the death penalty. Have in mind that between 1968 and 1972 there was a challenge to the constitutionality of capital punishment by an informal moratorium on execution that was observed as a series of lawsuits. It is interesting to note that capital punishment is not a suitable penalty for mentally defendants.