In spite of the role of public opinion in Eighth Amendment jurisprudence, the Supreme Court has typically rejected public opinion polls as the actual benchmarks for a national consensus on the death penalty.

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The Supreme Court has often emphasized that while public opinion can inform their understanding of evolving standards of decency, it does not rely on public opinion polls as the sole benchmarks for determining a national consensus on issues like the death penalty. Instead, the Court looks at a combination of factors, including legislative actions and the practices of states.

In Spite of the Role of Public Opinion in Eighth