LAW 4051 Lecture Notes - Lecture 3: Rational Agent, Warren E. Burger, William Rehnquist

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22 Mar 2017
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Furman v. georgia: holding: the court holds that the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the eighth and. Justice brennan"s opinion: concurring: gives 4 reasons for unconstitutionality of the dp, human dignity, arbitrary rejected by society, no penological purposes. Justice marshall"s opinion: concurring: 4 factors for cruel and unusual, people"s views on the dp are rather uninformed. Dp if i get caught: uses decade of personal experience, he thinks its infrequent and arbitrary, problem: selection bias the cases you see are not sufficiently representative to draw conclusions. Justice stewart"s opinion: concurring: struck by lightning arbitrary, most like justice white"s opinion some people get it, some people don"t; its arbitrariness makes it cruel and unusual. Justice douglas"s opinion, concurring: discriminatory, unconstitutional in their operate because of discrimination applied selectively against poor and black.

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