15ê³¼ court cases

15ê³¼ court cases - 1....

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1. Gregg v. Georgia (14 과과 death penalty  과과 ) Decided:  Friday, July 2, 1976 Issues:  Criminal Procedure, Cruel and Unusual Punishment, Death Penalty Facts of the Case:  A jury found Gregg guilty of armed robbery and murder and sentenced him to death. On appeal, the Georgia Supreme Court affirmed the death sentence except as to its imposition for the robbery conviction. Gregg challenged his remaining death sentence for murder, claiming that his capital sentence was a "cruel and unusual" punishment that violated the Eighth and Fourteenth Amendments. This case is one of the five "Death Penalty Cases" along with Jurek v. Texas , Roberts v. Louisiana , Proffitt v. Florida , and Woodson v. North Carolina . Question:  Is the imposition of the death sentence prohibited under the Eighth and Fourteenth Amendments as "cruel and unusual" punishment? Conclusion:  No. In a 7-to-2 decision, the Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances. In extreme criminal cases, such as when a defendant has been convicted of deliberately killing another, the careful and judicious use of the death penalty may be appropriate if carefully employed. Georgia's death penalty statute assures the judicious and careful use of the death penalty by requiring a bifurcated proceeding where the trial and sentencing are conducted separately, specific jury findings as to the severity of the crime and the nature of the defendant, and a comparison of each capital sentence's circumstances with other similar cases. Moreover, the Court was not prepared to overrule the Georgia legislature's finding that capital punishment serves as a useful deterrent to future capital crimes and an appropriate means of social retribution against its most serious offenders. Decisions Decision: 7 votes for Georgia, 2 vote(s) against Legal provision: Amendment 8: Cruel and Unusual Punishment 1. Dred Scott v. Sandford Decided:  Friday, March 6, 1857 Categories:  top100, conlaw, international law, federal courts, federalism, jurisdiction, race discrimination Facts of the Case:  Dred Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in an area of the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. After returning to Missouri, Scott sued unsuccessfully
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in the Missouri courts for his freedom, claiming that his residence in free territory made him a free man. Scott then brought a new suit in federal court. Scott's master maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution. Question: 
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15ê³¼ court cases - 1....

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