PHL Test Three Study Guide

PHL Test Three Study Guide - P H L Test Th ree Study Guide...

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PHL Test Three Study Guide Question 1: Write an essay on Gregg vs. GA, first providing the background by discussing the outcomes of Furman vs. GA and Woodson vs. NC, then discussing the arguments and conclusion of the majority opinion in Gregg vs. GA Background/Discussion/Outcome Furman vs. GA 1. Furman arguing society’s standards of decency had evolved to the point in which capital punishment couldn’t be tolerated for any crime regardless of its depravity or impact on society 2. U.S. Supreme Court ruled the death penalty was unconstitutional a s then administered , however death penalty not unconstitutional by its very nature 3. Only 5 to 4 majority (Marshall/Brennan against think death penalty is cruel and unusual th amendment; Douglas, White, Stewart for) 4. Then administered in an arbitrary and capricious manner: open to discretion by jury (prejudices) and no standards for the decision 1. Violated 8 th (cruel and unusual) and 14 th (right to due process) amendments 5. Result – capital punishment laws in states struck down, states must go back and rewrite their capital punishment laws Background/Discussion/Outcome Woodson vs. NC 1. U.S. Supreme Court ruled mandatory death sentences are unconstitutional 1. NC tried to eliminate the arbitrariness by making the death penalty mandatory for certain crimes 2. Alleviate jury discretion completely, but unconstitutional because not all murder is equal – need jury discretion actually 2. 5 to 4 majority – not all murders are equal (different circumstances) law needs to be flexible to apply to the different circumstances 1. Examples: Murder by minor, in heat of passion, first time offense vs. repeat killer, in cold blood, Arguments/Conclusion of Majority Gregg vs. GA 3. Troy Gregg captured for murder – guilty for murder and armed robbery 1. At the time, armed robbery alone gave the death penalty – found unconstitutional 2. He claimed the death penalty was cruel and unusual punishment in GA 4. U.S. Supreme Court upheld that the death penalty is not unconstitutional when the crime is murder, so long as there are the right safeguards standardless discretion 1. In reaction to Furman vs. GA, GA split the case into 2 parts- 1 st jury rules on guilt/innocence 2 nd jury deliberates the punishment (Furman had only 1 phase, decided guilt/innocence at same time as punishment, court needed standards to decide); GA also tried to establish standards to provide guidance for the jury when deciding between life and death, to avoid standardless discretion (arbitrariness),
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1. Standards: crime during a felony, monetary gain, armed robbery 2. Mitigating factors – minor, heat of passion, 1 st time offender 5. Supreme Court ruled there must be explicit standards for jury guidance 1. Didn’t over turn GA’s new law, said fixed the problems Furman’s case faced; law not unconstitutional 6. Only Marshall an Brennan against 1. Critical of their use of retribution because actually using 2. Deterrence
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This note was uploaded on 10/25/2010 for the course PHL 304 taught by Professor Leon during the Spring '08 term at University of Texas at Austin.

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PHL Test Three Study Guide - P H L Test Th ree Study Guide...

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