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The Death Penalty and the Eighth Amendment - PowerPoint PPT Presentation
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The Death Penalty and the Eighth Amendment
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The Death Penalty and the. Eighth Amendment. Admin. Opportunity to participate, be on the news! ... Death Penalty Today ... Is death penalty per se cruel and unusual? ... – PowerPoint PPT presentation
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Title: The Death Penalty and the Eighth Amendment
1
The Death Penalty and theEighth Amendment
2
Admin
- Opportunity to participate, be on the news!
- 200, Thursday, Room 117 Wooten
- First 60 students
- Line up at 150
- Need a FERPA waiver cross off 1050.001 and
write in 1040.002
3
Admin
- Workbook 6-6, Question 14, Answer A has a typo
(it should say 20 instead of 10) - 6-5 asks for information about women in
particular jobs . . . If the information for a
particular job is not available, dont worry
about it . . . Use the information on the website
the best you can.
4
Admin
- Exam Make-up
- If you want to retake (as opposed to make up)
exam, you need to e-mail me (wwatson_at_unt.edu) - Why you shouldnt do it . . .
- Retake score will be final, even if it is lower
- Gap since you learned material
- Format
5
Eighth Amendment
- Prohibits cruel and unusual punishment
- evolving standards of decency that mark the
progress of a maturing society
6
Modern History of Death Penalty
- Furman v. Georgia (1972)
- Responses
- Death penalty for everyone!
- Rejected by Supreme Court in Woodson v. N.C.
(1976)) - Aggravating and mitigating factors
- Accepted by the Supreme Court in Gregg v. Georgia
(1976))
7
Death Penalty Today
- 37 states, the federal government, and the U.S.
military have capital statutes - Number of inmates on death row 3,350
- 393 death row inmates in Texas
- 660 in California, but CA is slow to carry out
sentences - Lethal injection available everywhere except
Nebraska (electrocution)
8
Public Opinion(All May 2006, Gallup)
- Are your for or against DP?
- 65 For
- 28 Against
- Which is better penalty, DP or LWOP?
- 47 DP
- 48 LWOP
- Is DP imposed fairly?
- 60 Fairly
- 35 Unfairly
9
8th Amendment
- Is death penalty per se cruel and unusual?
- Only Justices Marshall and Brennan have advocated
this position - Is death penalty as applied cruel and unusual?
- Method of execution
- Proportionality with crime (Coker v. Georgia
(1977)) - Certain classes of defendants
10
Classes of Defendants
- Mentally ill (Ford v. Wainwright (1986))
- Mentally retarded (Atkins v. Virginia (2002))
- Juveniles (Roper v. Simmons (2005))
11
Close-up on Roper
- Simmons 17 at time of crime
- 1989, Supreme Court held that 16-18 year olds
could be executed - What changed?
12
Justice Kennedys Opinion
- What evidence is there that standards of decency
now prohibit execution of 16- and 17-year olds? - Steady (though slow) trend toward abolition
- 5 states abolished juvenile dp after 1989
- Even in states that allow it, juvenile dp rare
- U.S. only country that still had juvenile dp (not
controlling, but telling)
13
Justice Kennedys Opinion
- DP reserved for most serious crimes, most
culpable defendants - Why are juveniles less culpable than adults?
- Less mature, more given to impulsive behavior
- More susceptible to bad influences
- Character of juveniles not yet fixed (hope for
rehabilitation) - Purpose of dp retribution and deterrence
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