CAPITAL PUNISHMENT - A REVIEW OF RECENT SUPREME COURT DECISIONS

• NCJ Number: 40250
• Journal: NOTRE DAME LAWYER Volume: 52 Issue: 2 Dated: (DECEMBER 1976) Pages: 261-289
• Author(s): B J MEAGHER
• Date Published: 1976
• Length: 29 pages
• Corporate Author: University of Notre Dame
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE ANALYZES THE HISTORY OF LITIGATION BEFORE THE SUPREME COURT CONCERNING CAPITAL PUNISHMENT AS IT RELATES TO THE 'CRUEL AND UNUSUAL' CLAUSE OF THE EIGHTH AMENDMENT.

Abstract

PARTICULAR EMPHASIS IS PLACED ON THE RECENT CASES OF GREGG V. GEORGIA, PROFFIT V. FLORIDA AND JURLK V. TEXAS (1976), WHERE THE SUPREME COURT RULED THAT, PROPERLY ADMINISTERED, THE DEATH PENALTY DOES NOT PER SE VIOLATE THE EIGHTH AMENDMENT PROTECTION AGAINST CRUEL AND UNUSUAL PUNISMENT. THE AUTHOR REVIEWS THE MAJORITY AND DISSENTING OPINIONS, FACTUAL BACKGROUND, THE ISSUES OF MANDATORY AND NON-MANDATORY DEATH PENALTIES, AND LEGISLATIVE IMPLICATIONS FOR THE STATES. THE NEW PROCEDURAL REQUIREMENTS MANDATED BY THE COURT ARE RELATED TO THE CHANGING JUDICIAL DEFINITION OF CRUEL AND UNUSUAL PUNISHMENTS....MSP