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Protected under the Constitution, “No person shall be deprived of his or her LIFE, liberty, and property under Due Process of law.” These fundamental rights, primarily LIFE, apply to capital punishment- the death penalty. For years, the Court has deliberated decisions in regards to the death penalty and countless times they have overthrown previous decisions. This in no way means laws, under the Constitution, have changed; however, the Court and our interpretation(s) of the law have changed. In Furman V. Georgia (1972), the Court held the death penalty is a violation of the Eighth Amendment. Furman quickly gave rise to the controversial issue of capital punishment. As a result, several states adopted laws requiring juries to consider aggravating factors (justifying the imposition of capital punishment) and mitigating factors (justifying the imposition of an alternative sentence to the death penalty based on the aspect of the defendant’s character and/ or record) (O’Brien). In Gregg V. Georgia (1976), the Court upheld Georgia’s statute specifying the aggravating and mitigating circumstances for imposing the death penalty and providing two separate trials: one for guilt and the other for punishment. Gregg reversed Furman. According to Kenneth Haas, the aftermath of Gregg led the Court to be aware: death is a different kind of punishment from any other and there should be fairness and consistency in determining the sentence. I agree. When determining a decision there should be consistency in making a decision. However, the Court must also take into account the facts and issues of the case. As stated in Lockett, every case for the individual is different. In Lockett V. Ohio (1978), with a six to three vote, the Court held states... ... middle of paper ... ...el and unusual punishments inflicted.” If we as a society accept the death penalty then we are morally wrong. Protected under the Constitution, “No person shall be deprived of his or her LIFE, liberty, and property under Due Process of law.” These fundamental rights, primarily LIFE, apply to capital punishment- the death penalty. I agree. There should be consequences for committing a crime, but retaliating in the motion to killing the offender is not just. Works Cited Haas, Kenneth. “The Emerging Death Penalty Jurisprudence of the Roberts Court.” 6 Pierce L. Rev. 441 (March 2008). O’Brien, David M. Constitutional Law and Politics. 7th Ed. 2008. W.W. Norton & Company, Inc., 500 Fifth Ave, New York, NY. 10110. Peyton, Thomas. “State v. Kennedy: Death Penalty for Non-Homicidal Aggravated Rape of a Child.” 9 Loy J. Pub. Int. L. 87 (Fall, 2007).
...d some publicity, and several lawyers were now handling his appeal,” (Furman v. Georgia). The first step was the Georgia Supreme Court. The court unanimously voted to uphold the lower court’s decision of the death penalty. The Chief Justice, W. H. Duckworth, gave Furman time to petition to the US Supreme Court before the execution was finalized. The Supreme Court approved. And thus, the official Furman v. Georgia case had begun. “I admit going to these folks' home and they did caught me in there and I was coming back out, backing up and there was a wire down there on the floor. I was coming out backwards and fell back and I didn't intend to kill nobody . . . The gun went off and I didn't know nothing about no murder until they arrested me, and when the gun went off I was down on the floor and I got up and ran. That's all to it,” (Official Supreme Court Transcript).
Constitutional Commentary, Vol. 27, Issue 2 (Fall 2011), pp. 347-360 Volokh, Eugene 27 Const. Comment. 347 (2010-2011)
Furman v. Georgia was a landmark case in the annals of American Law because it was the first time the Supreme Court turned to the controversial question of capital punishment. Capital punishment has always been a hotly debated issue in the United States. When this issue is coupled with the issue of racial discrimination, the matter becomes hotter than ever. And this is precisely what Furman v. Georgia was all about: a black man convicted of murder and sentenced to death.
Do two wrongs make a right? That is the question you should ask yourself. How can one life be worth more than another?s? Would you like to have your dignity, and even your basic human rights to stripped away from you at the flick of a switch or the pull of a trigger?
Bowers, W, Pierce, G., and McDevitt, J.(1984), Legal Homicide: Death as Punishment in America, 1964-1982, 333
Argumentative Essay on Capital Punishment in Australia Capital punishment is barbaric and inhumane and should not be re-introduced into Australia. Although capital punishment has been abolished, the debate on this topic has never abated. When a particularly heinous crime is committed, this debate arouses strong passions on both sides. Many who advocate the abolition of capital punishment consider the death penalty to be cruel and inhuman, while those who favor of punishment by death see it as a form of just retribution for the gravest of crimes. Determining whether Queensland should re-introduce capital punishment as a sentence will be the focus of this assignment.
Since Furman v. Georgia, the Supreme Court struck down Georgia’s death penalty due to infrequencies and the randomness of the imposition of the death penalty. (Mandery, 2012, p.135). The two justices who switched sides between the Furman case and the Gregg case, both expressed mayor concern in Furman with the infrequency and randomness with which juries imposed the death penalty. “For Justice Potter Stewart, the arbitrariness was a matter of fairness. For Justice Byron White, the concern was utilitarian a randomly and infrequently imposed death penalty could not possibly deter” (Mandery, 2012, p.135), they both expressed similar concerns about the apparent arbitrariness with which death sentences were imposed under the existing law, each found the unpredictability of the original statute fatal, it seems only fair to ask whether the revised Georgia statute has created greater rationality. (Mandery, 2012, p.135) The Supreme Court realized that the process in which defendants were being persecuted was not based a fairness practices; it was administrated in a different way by different judges, juries, prosecutors, etc. The Supreme Court found only how the death penalty was applied was cruel and unusual; it was too uneven and inconsistent. As a result of the 1972 Furman decision, hundreds of inmates on death row had their sentences commuted to life, and a significant number of those inmates have now been
Many call capital punishment unconstitutional and point to the Eighth Amendment of the Constitution for support. The amendment states that, "Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishment be inflicted." Those who oppose the death penalty target the 'cruel and unusual' phrase as an explanation of why it is unconstitutional. Since the Framers of the Constitution are no longer with us and we base our nation on the words in which that document contains, the legality of the death penalty is subject to interpretation. Since there is some ambiguity or lack of preciseness in the Constitution, heated debate surrounding this issue has risen in the last ten years.
In Furman v Georgia in 1972, the Court invalidated all then-existing death penalty laws based on the inherent arbitrariness of their application. Most observers at the time concluded that there would never again be an execution in the United States. They were wrong. In 1976, in Gregg v. Georgia, the Court upheld Georgia's new capital-sentencing procedures, concluding that they had sufficiently reduced the problem of arbitrary and capricious imposition of death associated with earlier statutes.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
The death penalty ?cruel and unusual punishment.? At one time in history around six hundred people were executed, and in those six-hundred eighty of them were innocent but still executed (Thomas 2). Many people say that the death penalty is lawful. They think that if the punishment is carried out by the government and not by one person it is fine, and it is not cruel and unusual punishment (Carmical 2). Yes, the men who constructed the constitution supported the death penalty, but times have changed and so has the constitution. The constitution should abolish the death penalty (Carmical 5).
During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes. ”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment.
For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...
An argument can be made that capital punishment violates the Eighth Amendment, which states that the government