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In Gregg, the Court ruled that Georgia's revised death penalty laws passed Eighth Amendment scrutiny: the statutes provided a bifurcated trial in which guilt and sentence were determined separately; and, the statutes provided for "specific jury findings" followed by state supreme court review comparing each death sentence "with the sentences ...
Kennedy v. Louisiana, 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States which held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for a crime in which the victim did not die and the victim's death was not intended.
Coker v. Georgia, 433 U.S. 584 (1977) – The death penalty is unconstitutional for rape of an adult woman when the victim is not killed. Enmund v. Florida, 458 U.S. 782 (1982) – The death penalty is unconstitutional for a person who is a minor participant in a felony and does not kill, attempt to kill, or intend to kill. Tison v.
The Court also found that the death penalty "comports with the basic concept of human dignity at the core of the [Eighth] Amendment". The death penalty serves two principal social purposes—retribution and deterrence. "In part, capital punishment is an expression of society's moral outrage at particularly offensive conduct".
Georgia, brought its own judgment "to bear on the question of the acceptability of the death penalty under the Eighth Amendment" and decided that diminished personal capacity makes the death penalty an excessive punishment for the intellectually disabled because the public purposes of retribution and deterrence are not served by executing the ...
The Supreme Court of the United States has held that the Eighth Amendment to the United States Constitution does not prohibit imposing the death penalty for felony murder. The Supreme Court has created a two-part test to determine when the death penalty is an appropriate punishment for felony murder. Under Enmund v.
Furman v. Georgia, 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court decided that arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment.
The death penalty for the rape of an adult is grossly disproportionate and excessive punishment and so is forbidden by the Eighth Amendment, as cruel and unusual punishment. Court membership; Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Potter Stewart Byron White · Thurgood Marshall