LAW 140 Chapter Notes - Chapter Crim - Punishment and Proof: Mitigating Factor, Harry Blackmun, Minnesota State Highway 5
Document Summary
Constitution and bill of rights were adopted, and when 14th amendment was ratified: 14th equal protection burden of proving the existence of purposeful discrimination , 8th cruel and unusual cannot have an arbitrary system. No unintentional or wanton infliction of pain. Evolution as social norms evolve: early 1960"s death penalty opponents began focusing on courts: nature of constitutional attacks against dp (substance & procedure): The dp itself: dp contravened evolving standards of decency in a a. civilized society and therefore constituted cruel and unusual punishment forbidden by the 8th amendment b. offenses, the then-existing capital sentencing procedures were unfair c. discriminatory fashion. Even if dp was constitutionally permissible punishment for some. Issue: whether the imposition and carrying out of the dp constitutes cruel and unusual punishment in violation of the 8th and 14th amendments. Concerned with risk that unguided jury discretion would degenerate into unacceptable inconsistent judgments.
