PHL 304 Chapter 2: Capital Punishment Readings
Document Summary
The eighth amendment to the constitution prohibits cruel and unusual punishments. If the death penalty is cruel and unusual, then it is unconstitutional. Furman v. georgia ruled it was unconstitutional as then administered, but not by its very nature. Some argued it was cruel and unusual by its very nature: 1) excessive because it is unnecessary and 2) is abhorrent to currently existing moral values. Without explicit standards to govern the decision, there are unchecked prejudices. Two approaches to combat standardless discretion: 1) making the death penalty mandatory for certain crimes and 2) establishing standards that would provide the guidance for the jury or judge in their decision. Opinion in gregg v. georgia, stewart, powell jr. , and stevens. After decision of furman v. georgia, georgia drafted a death penalty statute calculated to avoid court"s objection to standardless discretion. Specified standards that would guide a jury or judge in deciding between the death penalty or life imprisonment.
