Moratorium on Death Penalty Isaac P. Martinez United South High School(3rd) Abstract The 1972 US Supreme Court case, Furman v. Georgia, discusses how the appellant and defendant claimed that Georgia was in violation of the eighth and fourteenth amendments due to the death penalty, and how moratorium started in this case. Along with Gregg v. Georgia another where the US Supreme Court 1976 convicted murder and robber Troy Gregg, appealed the sentence. Therefore, the federal court ruled that the death penalty does not violate the constitution.Concluding how the moratorium comes to an end and how long it lasted. Keywords: Moratorium, Death Penalty, Constitutional Moratorium Death Penalty Intro to a thesis : Moratorium during the 1970s was …show more content…
Georgia where petitioner was charged with rape and murder. Which was during the moratorium, a voluntary moratorium which was already in place. Until (1972) that the supreme court voted for the moratorium (Christianson, S. G.,2003). The death penalties that were currently active were unconstitutional and violated the “cruel and unusual” punishments coming from the Eighth Amendment prohibition. The Fourteenth Amendment was also being violated when the US Supreme court decided for a moratorium on a vote, the capital punishments that were practiced was a discretionary punishment and therefore unconstitutional Under the Eighth and Fourteenth Amendments. Leading to an argued court decision that a person's guilt and sentence have to be determined in one trial. The second Supreme Court to be held was Gregg v. Georgia where the petitioner was charged with armed robbery and two counts of murder. Petitioner was sentenced to the death penalty(1997). Therefore thia case brought moratorium to an end on (January 17, 1997), with the execution of Gary Gilmore with firing squad in Utah. This made people across the U.S in favor of the death …show more content…
Circumstances As a result of the courts they made new laws for the return of the execution, they contributed new factors like mitigating and aggravated. The Aggravating factors, are the factors that make you involve yourself just by looking at what follows. For example if a crime is committed in front of a child or when a person is being to aggressive or have a violent criminal history(Cole, Clear, & Resig, 2016). On the other hand, the mitigating are the people who are are/were mentally disabled or not capable of allowing the punishment they are being handed they are being handed to them get a lesser sentence (Cole, Clear, & resig, 2016). They do not comprehend the crime they have done therefore,, they will not be sentenced for the death penalty. Instead they will get a different sentence as in, life in prison or a lower time. It all just depends on the crime, these two factors combined are viewed by judges that determine if the death sentence is the appropriate punishment for the convict. Discussion Overall, the death penalty should not be used all the time and only should be used in righteous