PHL 304 Study Guide - Midterm Guide: Capital Punishment By Country, Robbery, Due Process
Document Summary
Gregg v georgia: background, furman v georgia, the supreme court rules that the death penalty is unconstitutional by a 5-4 majority. But there was a rift in the majority: 5 said it was unconstitutional. 2 of them were lifelong opponents,, believing that the dp was cruel and unusual. Per say (no matter how it is done, it violates the eighth amendment). The jury has almost absolute discretion in deciding his fate: woodson v north carolina, so jury discretion is problematic. There should be a class of murder that will automatically get the death penalty: this is not fair, since each murder is different and needs to be looked at individually. Mandatory death penalties are not constitutional: facts and questions of the case: gregg v georgia, troy gregg was charged and convicted of armed robbery. Georgia has recently rewritten its law about the death penalty. He was found guilty at the lower level, and sentenced to death for both convictions.
