The death penalty has always been applied, but is it morally acceptable? Capital punishment can deter crime, but at the same time it can also be considered cruel and unusual punishment. Questions over the constitutionality of the death penalty have reduced executions but crowded death row with inmates. Many people support the death penalty, even though it is an extremely controversial issue. Capital punishment creates debate about racial prejudice and does not deter crime; it also kills many innocent people. Capital punishment has existed in the United States for more than three hundred years. It has been a known issue since it was established. This form of law consists of three phases. First, the colonial era, or the early years of the new nation. It has been one of the most widespread and undisputed uses of capital punishment for serious crimes (Banner 1). The next phase was the nineteenth century, which consisted of a long period of decline in the use of capital punishment and in which the courts abolished all laws relating to the death penalty. Finally, the third phase, which took place in the early and mid-20th century, began with enormous support for reinstating capital punishment (Banner 2). The death penalty was often imposed but rarely enforced. “Between 1967 and 1980, death sentences or sentences were reversed for 1,899 of the 2,402 people on death row, a revocation rate of nearly 80%” (Greenberg 2). “By 1800, more than two hundred capital crimes were recognized, and as a result, 1,000 or more people were sentenced to death each year, although most sentences were pardoned” (McCuen and Baumgart 38). Death penalty verdict reversals happen all the time. “One in ten murderers convicted of murder was sentenced to death in 1967, the rest served prison sentences” (Stevens 10). Since the restoration of executions in 1977, there have been a total of 432 executions. Texas ranks first by far with the most executed: 143. "There are currently 38 of 50 states that allow the death penalty by law" (World Book Encyclopedia 193). By 1990, more than 2,000 people had been sentenced to death and were awaiting the outcome of legal appeals (World Book Encyclopedia 194). Of the 365 men on death row, there are 130 black; 217 white; another 18. There are six women on death row (Creative Ideas 2). “Studies have shown no unusual increase in homicides when punishment is abolished” (World Book Encyclopedia 193).