New report looks back at 35 years of the death penalty 35 years after the death penalty was reinstated by the nation's highest court, it remains a punishment inflicted as arbitrarily as a lightning strike, according to a new report commemorating the infamous anniversary from the Death Penalty Information Center in Washington, D.C. The U.S. Supreme Court reinstated the death penalty on July 2, 1976; it had previously ruled the ultimate punishment unconstitutional because of its arbitrary and unpredictable application, writes Richard Dieter, the DPIC's executive director. Unfortunately, all these years later, he argues, that is still true. In sum, he writes, the "experiment" of capital punishment has failed. Indeed, the report notes, the system discerning who receives the death penalty and who doesn't – and for what crimes – appears worse than random. For example, Texas – still by far the national leader in executions, with 470 under its belt since reinstatement