Elaborate on the court's involvement in concerns over the death penalty, including a discussion of relevant case law

What will be an ideal response?


The constitutionality of the death penalty has been a concern of the nations' courts. In 1972, the case of Furman v. Georgia took up the issue of whether the death penalty constitutes cruel and unusual punishment under the Eighth Amendment. The Supreme Court did not completely rule out the use of capital punishment but rather objected to the arbitrary and capricious nature in which it was imposed. Then in July 1976, the court ruled on the constitutionality of five state death penalty statutes including Gregg v. Georgia that found that at least one aggravating circumstance needs to be found by jury out of a total of 10 for a death penalty finding. The court has limited crimes for which the death penalty can be used by ruling that it is not permissible to punish rapists, even those who rape children. In addition, the mentally ill may not be executed and the court in 2005 set a limit that those youth that were not 18 at the time of their offense could not be sentenced to death.

Criminal Justice

You might also like to view...

The two impacts of possibilities on our lives are fate and choice.

Answer the following statement true (T) or false (F)

Criminal Justice

List and explain the advantages and disadvantages of probation and parole.

What will be an ideal response?

Criminal Justice

Which theory suggests that victimization and offending is part of a broader cultural belief in the acceptability and sometimes necessity of violence?

a. Sub-cultural theories b. Victim-rationality perspective c. Population heterogeneity perspective d. General theory of crime

Criminal Justice

Substance abuse has been associated with violence on both the individual and social levels

Indicate whether the statement is true or false

Criminal Justice