01:202:201 Lecture Notes - Lecture 23: Intellectual Disability
Document Summary
The united states supreme court and capital punishment. Furman v georgia- death penalty violated eighth amendment. Gregg v georgia- new death penalty laws that require the jury or judge to conduct a separate penalty hearing in order to be considered. Gregg and woodson established the framework for evaluating the constitutionality of all. Gregg made it clear that the death penalty per se is not forbidden by the 8th amendment. The sentencing authority is commanded to apply the death penalty even handedly and without arbitrariness. The sentencing authority is obligated to put great emphasis on the individual characteristics of each offender and the particular circumstances surrounding the crime. Coker v georgia: court agreed death is an impermissible punishment for the rape of an adult woman. Edmund v florida: stood by principle that the death penalty is unique in its irrevocability, and therefore must be reserved only for those. Began to retreat from its cautious slow go approach to capital punishment.