44 The Death Penalty in the OSCE Area Conclusion Despite criticism of its justness and accuracy, public support for the death penalty in the United States remains high. Proponents and supporters cite its retributive and deterrent values as both morally required and practically necessary to ensure a safe society. Its application is subject to constitutional constraints and has been tested many times in court, leading to a complex jurisprudence that serves to protect defendants’ rights while also enforcing the desire of the American public for just criminal punishment.