THIS BACKGROUND MEMORANDUM CIRCULATED BY THE AMERICAN CIVIL LIBERTIES UNION CAPITAL PUNISHMENT PROJECT GIVES A BRIEF HISTORY OF CAPITAL PUNISHMENT IN THE UNITED STATES, THEN PRESENTS A DETAILED REVIEW OF SUPREME COURT ACTIONS REGARDING THE DEATH PENALTY FROM 1972 TO 1976. THE 1976 DECISIONS REJECTED THE MAJOR CONSTITUTIONAL ARGUMENTS AGAINST THE DEATH PENALTY WHICH HAD STOPPED EXECUTIONS IN THE UNITED STATES BETWEEN 1976 AND 1977. INSTEAD, GUIDED-DISCRETION STATUTES WERE APPROVED. THE LAWS OF FLORIDA, GEORGIA, AND TEXAS WERE UPHELD WHILE THE LAWS OF LOUISIANA, NORTH CAROLINA, AND OKLAHOMA WERE HELD UNCONSTITUTIONAL. THE EFFECTS OF THESE DECISIONS ON THE LAWS OF EACH OF THE OTHER STATES ARE BRIEFLY REVIEWED. THE NUMBER AND LOCATIONS OF PERSONS WHO MIGHT BE EXECUTED UNDER CONSTITUTIONAL STATUTES AS OF 1977 ARE GIVEN. IT IS CONCLUDED THAT THE POOR AND MINORITIES ARE STILL OVERREPRESENTED ON DEATH ROW. A PLAN OF ACTION IS PRESENTED TO ENABLE GROUPS OPPOSED TO THE DEATH PENALTY TO BE MOBILIZED. THIS PLAN INCLUDES: AN EARLY-WARNING ALERT SYSTEM WHICH SPOTS POTENTIAL DEATH CASES AS EARLY AS POSSIBLE AND NOTIFIES A CENTRAL TEAM OF LAWYERS, A CORE OF VOLUNTEER LAWYERS; LETTER-WRITING CAMPAIGNS TO URGE GOVERNORS TO USE EXECUTIVE CLEMENCY LIBERALLY; TEAMS OF LAY PERSONS TRAINED TO AID CLEMENCY APPLICATIONS; AND LOBBYING EFFORTS. (GLR)