Class Notes (836,583)
United States (324,591)
Boston College (3,565)
Law (20)
LAWS 2180 (18)

American Constitutional and Legal History 23.docx

3 Pages
Unlock Document

LAWS 2180
Alan Rogers

Boiken v.Alabama (1969): • Issue: Is it cruel and unusual to sentence someone to death for a robbery of a few dollars where no one died? He was sentenced to death by state. So was it a violation of the 8 th Amendment as applied by the 14 Amendment to sentence someone to death for robbery. • The court said no, it was not cruel and unusual. Mcgoutha v. California (1971) • NAACP took it to the Supreme Court. McGoutha shot his girlfriend while on the toilet. • Argument was that the jury did not have standards and sentenced him to death arbitrarily. • The court found the argument unconvincing because it would not be possible for the legislature to set a number of standards for the death penalty. • Justice Brennan: this is the end of the effort to end capital punishment.AKAhe thought the argument held weight and was shot down anyways. 2 Changes happened between 1971 and 1972: 1). Professor Walter Oberer: wrote an article arguing that a death qualifying jury is more likely to convict a person and use capital punishment. 2). Number of people polled who said they were in favor of the death penalty declined to around 40%. Furmen v. Georgia (1972): • Furmen: young blackAmerican who is mentally retarded and an ex-convict. • Furmen robbed a house and tripped over a gun, it went off and accidently kills the robbery victim. • Furmen makes a statement that he was in the house to rob it and he shot the man through the door. Then changes it in court that he tripped over a wire in the house and shot the man by accident. • Amsterdam was his Lawyer and he stayed up all night writing the dissent, got a call that he had lost his dissent and he remembered it word for word. His argument was agreed
More Less

Related notes for LAWS 2180

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.