PSC 2302 Lecture Notes - Lecture 16: John Paul Stevens, William Rehnquist, Execution By Firing Squad
30 Oct 2020
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Document Summary
8th amendment and the cruel and unusual punishment clause. The cruel and unusual punishment clause has most often by used in reference to the death penalty. Standards demanded by the court for states with the death penalty. Bifurcated trials: the determination of guilt or innocence must be decided separately from the sentencing or punishment phase. If an individual is found guilty of a crime and that crime has the possibility of being punished with the death penalty, then a new trial would commence to determine if the individual should receive the death penalty. Jury must consider what the aggravating circumstances are for an individual to receive a death penalty. Consideration of mitigating circumstances: the mitigating circumstances for the convicted person, examples may include the defendant"s age, mental health issues, juvenile cases, etc. If an individual is sentenced to the death penalty, they can automatically appeal their case to a higher court who must hear their case.
