Assignment 2 - EsaiasTong 2305058 Assignment#2 The danger...

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Esaias Tong 2305-058 Assignment #2 The danger of implementing brutal methods of torture and capital punishment was probably the rationale for the Eighth Amendment’s ban on ‘cruel and unusual’ punishment. The Eighth Amendment underlies the respect for human dignity. It serves to assure that the State's power to punish is "exercised within the limits of civilized standards”. (Banks, Jeffrey M.) However, most of the focus over the amendment has been on the death penalty. In 1972, Furman v. Georgia, the Supreme Court implemented a moratorium on the death penalty imposed by the Supreme Court. ("FURMAN v. GEORGIA CERTIORARI TO THE SUPREME COURT OF GEORGIA.”) The Supreme Court ruled that as Georgia’s death penalty resulted in intolerable inequalities in capital punishment, it was therefore considered unconstitutional. For instance, Blacks were subject to discrimination in court, intentional or subconsciously, and Blacks who committed homicide were much more likely than their White counterparts who committed the same offense to receive death penalty. However, in 1976, the Supreme Court overturned this decision and reaffirmed the United States Supreme Court’s acceptance of the use of death penalty in the United States, upholding a new Georgia death penalty legislative act, known as Gregg v. Georgia. The Supreme Court believed the law was constitutional due to the precautions set in place for the defendant. (Losco, Joseph, and Ralph Baker) The constitutional question of the Gregg v. Georgia case was whether the infliction of the death sentence prohibited under the Eighth Amendments was "cruel and unusual" punishment. A deeper question was the consideration of the process by which death sentences were imposed. Therefore the underlying question - is the ruling process rational and objectively reviewable?
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Esaias Tong 2305-058 Assignment #2 This is a case of civil liberties as it has to do with basic unalienable rights against civil rights. This case is traditionally centered on the basic right to ‘be free from unequal treatment based on certain protected characteristics such as race, gender and disabilities’. (Kopko Law || Civil Rights and Civil Liberties) The judges were looking at the Eighth Amendment to see if the death penalty could be implemented in this situation. However, it is not considered an affirmative action case, because elements such as gender, race, etc. were not taken into consideration in this specific case. In a seven to two decision vote, favoring Georgia, the outcome of the case was that the jury found Gregg guilty of armed robbery and double murder, effectively sentencing him to the death penalty. (Gregg v. Georgia | The Oyez Project at IIT Chicago-Kent College of Law) The judges said that the Supreme Court held that a punishment of death did not violate the Eighth Amendment under all circumstances, upholding the death penalty. As Justice Potter Stuart stated, the death penalty was ‘cruel and unusual in the same way that being struck by
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Assignment 2 - EsaiasTong 2305058 Assignment#2 The danger...

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