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...
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...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.
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).
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