bifurcated 2 stage Guilty is death penalty justified procedure which was viewed

Bifurcated 2 stage guilty is death penalty justified

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bifurcated (2 stage: Guilty->is death penalty justified?) procedure which was viewed favorably by the supreme court in Gregg v Georgia (1976). Ring v. Arizona (2002) - Juries must be involved in both stages of the bifurcated process Mitigating Circumstances: Insane Mentally handicapped (1989-2002) Youthful offenders (18 now; used to be 16) Decisions can change over time based on the “evolving standards of decency” test which takes into account the changing norms and standards of society The debate over capital punishment focuses on several key issues: Deterrence - does it deter crime? Incapacitation - does it make for a safer society Fallibility - does the system make mistakes? Arbitrariness - is it still used in an arbitrary manner Constitutionality - is it cruel and unusuak Discrimination - is it unfairly applied Future of the Death Penalty: In 1999, we executed 98 inmates v. 43 inmates in 2012; 277 sentenced to death and 78 in 2011 SC decisions against DP for mentally handicapped and juvenile offenders Nearly all states now give juries the choice of LWOP as an alternative to DP- juries use LWOP Financial Considerations: DP trials cost $2million more than when DP is not the option
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  • Spring '14
  • AliciaCrowther
  • Supreme Court of the United States, Appellate court

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