Gregg v. Georgia: Punishable by Death
Hunter Alto
AP Government-3AB
1-7-18
Many Americans debate over the use of the death penalty as a capital punishment. Some argue that it is inhumane to kill somebody or the form in which they use to kill somebody can be botched making it extremely painful. While others will argue that the death penalty is an adequate punishment for those who have committed a serious crime. As Americans we have many liberties and freedoms which protect us from the government and other people being unusually cruel to us when giving someone a penance for a crime they have committed. This freedom is established in the 8th Amendment of the United States Constitution, which says “Excessive bail shall not be required,
…show more content…
Georgia the death penalty was said to be cruel or unusual punishment when used as a punishment for even serious crimes and was claimed Unconstitutional. In Mccleskey v. Kemp the defendant tried to argue that discrimination played a part in how often the death penalty was used. Many people in the judicial system argued this was not the case. When the Supreme Court made its decision it was immediately met with ridicule saying that this showed they were condoning racism. In the case of Gregg v. Georgia the prosecution said that in the case of two murders during a robbery that the capital punishment was not “cruel and unusual” punishment. In this case Troy Gregg got a bad draw of which state he was in due to the fact that after the decision of Furman v. Georgia that capital punishment would be outlawed in the United States but directly after the decision Georgia came up with new death penalty laws. Some state legislatures reformed their statutes to deal with the problem of undue jury discretion identified in Furman v. Georgia by mandating capital punishment for all persons convicted of first-degree murder. In the case Troy Gregg admitted to killing the two people but claimed he did so in self defense. The Georgia General Assembly decided to deal with concerns about the planned act of the death penalty by adopting "guided discretion" sentencing. Under this approach, if a defendant was convicted of first-degree murder or another capital punishment offense, …show more content…
Georgia was a very big case and had a lot of impact on future cases. It reinstated the ability to sentence the death penalty. This overturned the opinion in its precedent case Furman v. Georgia, which said that the death penalty was a violation of the U.S Constitution. It has been set as a precedent for any case that involves someone who has committed a serious or violent crime and has the ability to be given the death penalty.The most important impact was the decision that capital punishment was constitutional so long as the procedures involved in its execution did not violate the Eighth Amendment to the
“An eye for an eye makes the whole world blind. ”(Mahatma Gandhi) The Death penalty was utilized as an approach to free themselves from jeopardous crimes, yet was later optically observed as a lawful offense against human rights. The controversy on whether or not capital punishment is justified is still raging on this day. The U.S. is failing to realize that they are violating our human rights because they refuse to abolish the death penalty which contravenes a person 's right to life, it is not fair and there is nothing to truly gain from it.
Research Paper: Capital Punishment Capital punishment is one of the most controversial and talked-about topics in the United States today. It is an issue that is not explicitly mentioned in our constitution, so states have been left to interpret the law. As of April 2017, 32 states in the US legally allow the death penalty. Of the 18 states that have banned it, the most recent was Maryland in 2013. The topic is so controversial that the Supreme Court has gotten involved many times, deciding on more cases that have to do with capital punishment than most other subjects.
The protection of those charged with crimes is as important as any other provision in the American Constitution. It may sound like a paradox at first that it is this important to protect criminals, but looking further into it, it begins to make a lot of sense. All humans, no matter what, should never be treated cruelly, as our founding fathers knew well, as this would put us at the same level as those we deem to be unfit to participate in normal society. Even though this provision has been in the Constitution since the inception of the Bill of Rights back in 1789, not much attention was brought to it until a case in 1910 brought to light the idea that cruel and unusual punishment was not limited to just barbaric, medieval acts, but that it
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.
When you think of the term “cruel and unusual punishment”, what is the first thing that pops into your head? You are probably thinking of something very horrific and terrible like being forced to fall out of an airplane that is 30,000 feet in the air because you forgot to turn in your homework or something crazy along those lines. When a punishment is administered upon someone that is too severe a consequence for the action that they committed, this is considered to be “cruel and unusual”. The Death Penalty is a punishment that is occasionally given within the United States and in many other places around the world for crimes that are considered absolutely inexcusable and heinous. Some would argue that the Death Penalty should be considered a “cruel and unusual” punishment due to two major propositions as presented in Romell Broom’s argument.
It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.
Rough Draft Is the death penalty an effective and justified punishment? This is a topic many Americans have discussed for a long time, and has caused much controversy. Both sides have their pros and cons, and they will be discussed. The first point that many people have about capital punishment is that it’s unconstitutional.
The first ten amendments to our country’s constitution, known as the Bill of Rights, play an important role in today’s society. These rights can be summed up in the three unalienable rights, life, liberty, and the pursuit of happiness. However, these amendments can protect someone’s rights and yet retract them at the same time. Amendment II gives every person the right to bear arms, or own a gun. Everyone in the U.S. could own a gun for themselves, whether they use it in case of self- protection or in some cases more mischievous plans.
Two wrongs don’t make a right, or do they? For years capital punishment, or the death penalty, has been a topic of discussion amongst not only those in a related profession, but to the public as well. Very few people are sentenced to die for their crimes and even fewer are actually executed. Most people are either for or against the idea of capital punishment; there is little gray area. Although capital punishment is a very controversial topic, should it still be a practice or should the death penalty be put to death itself?
In those lost years, one is kept in solitary confinement for 23 hours a day, locked away with no social interaction. According to the American Civil Liberties Union’s article entitled “The Case Against the Death Penalty”, “Confinement conditions have been demonstrated to provoke agitation, psychosis, delusions, paranoia, and self-destructive behavior. Although the terms are often used interchangeably, “Death Row Phenomenon” refers to the destructive consequences of long-term solitary confinement and the inevitable anxiety that results from awaiting one’s own death, while “Death Row Syndrome” refers to the severe psychological illness that often results from Death Row Phenomenon” (8). The agonizing pain of knowing death is coming, slowly but surely, will drive someone over the edge into the depths of
The process of punishing criminals, who commit crimes against the law, has occurred for centuries. Capital punishment also known as the death penalty is the highest form of punishment the legal system in the United States, can present. The method of Capital punishment in the United States has been in effect for most of the country 's history, without much controversy. However, in today’s society the controversy of whether or not this process is sufficient continues today. Many people throughout America argue this form of punishment to be a hypocritical process, performed by a nation that claims to have liberty and justice for all.
In a span of just 41 years, a total of 1,468 people have been killed as a result of the ruthless death penalty (“Executions”). The death penalty, referred to as a capital punishment, is execution resulting from a conviction of a capital crime, a felony that is treated extremely serious that death may be appropriate to consider as one’s punishment. Although some states support death penalty, according to David Masci, a senior writer at Pew Research Center, Alabama, Florida, Georgia, Missouri and Texas are the only states that carry out executions (Masci).
The first death penalty laws were established in the eighteenth century making it so you could only be hanged for murder. The first recorded death penalty that took place was in 1608, it was Captain George Kendall. This execution took place in the new colonies, he was put to death because he was suspected of spying for Spain he was executed by a firing squad. Capital Punishment has not been proven to deter crime and opens the possibility of executing innocent people; finally, the Death Penalty/Capital Punishment can cause 2nd hand trauma to the victim and their family. Capital Punishment violates the 8th amendment, it is labeled as cruel and unusual punishment.
The State and Central Governments have powers to commute death sentences after their final judicial confirmation. This power, unlike judicial power, is of the widest amplitude and not circumscribed, except that its exercise must be bona fide. Issues often alien and irrelevant to legal adjudication – morality, ethics, public good, and policy considerations are intrinsically appropriate to the exercise of clemency powers. These powers exist because in appropriate cases the strict requirements of law need to be tempered and departed from to reach a truly just outcome in its widest sense.
Similar situations could be prevented by only placing a person on death row if there exists irrefutable, incriminating evidence, such as DNA evidence or camera footage. The use of DNA analysis in modern day death penalty cases has almost nullified the chance that an innocent person is put on death row, as such evidence or the lack thereof guards an innocent defendant against perjury (Bradbury, "The Death Penalty Affirms the Sanctity of Life"). The tragic story of McMillan also indicates the biased perception of the local courts that condemned him; he had already been framed as a vicious murderer by the media and, at that time, was predisposed to a conviction of capital punishment simply by being a black man in Alabama. However, today’s review of capital punishment cases by both state and federal courts makes such a bias highly unlikely. The compounded effects of only considering cases with incriminating evidence