Outline at least two Supreme Court rulings on capital punishment that have impacted the bifurcated process for death penalty sentencing

Question

What will be an ideal response?

Answer 1

• Weems v. United States – The Court overturned the sentence in this case, ruling that the penalty was too harsh considering the nature of the offense. Ultimately, in the Weems decision, the Court set three important precedents concerning sentencing: Cruel and unusual punishment is defined by the changing norms and standards of society and therefore is not based on historical interpretations; Courts may decide whether a punishment is unnecessarily cruel with regard to physical pain; Courts may decide whether a punishment is unnecessarily cruel with regard to psychological pain.
• Furman v. Georgia (1972) decision, which can be summed up with Justice
Potter Stewart's statement that the sentence of death was so arbitrary as to be comparable to "being struck by lightning.". The Court did not, however, find that the death penalty inherently violated the Eighth Amendment's protection against cruel and unusual punishment, thus providing the states with a window of opportunity to bring their death penalty statutes up to constitutional standards.
• Gregg v. Georgia (1976), the Supreme Court ruled in favor of Georgia's new bifurcated process, stating that the state's legislative guidelines removed the ability of a jury to "wantonly and freakishly impose the death penalty.".
• Ring v. Arizona (2002) – The case involved Arizona's bifurcated process. The Court found that juries must be involved in both stages of the bifurcated process. The decision invalidated death penalty laws in Arizona, Colorado, Idaho, Montana, and Nebraska, forcing legislatures in those states to hastily revamp their procedures.
• Atkins v. Virginia (2002) – The Court used the Weems test as the main rationale for barring the execution of the mentally handicapped.
• Roper v. Simmons (2005) decision, which effectively ended the execution of those who committed crimes as juveniles.