PHL 304 Lecture Notes - Lecture 13: Robbery, Due Process
Document Summary
Gregg v georgia: background, furman v georgia, supreme court rules by 5-4 majority that the death penalty was unconstitutional, so no one was executed. Use of death penalty was unconstitutional, but is complicated: rift in the majority. 2 of them were lifelong opponents of it because it was cruel and unusual per say (or no matter how it is done, it violates the eighth amendment). Judge does not like this because upon review, you cant tell what the reasons were that they chose to kill the guy. Jury has almost absolute discretion in deciding the fate of. Furman: woodson v north carolina, jury discretion is problematic. If they decide, then there is a problem. Lets have a class of murder that will automatically get the death penalty. If found guilty, then automatically gets the death penalty. Not fair, each murder is different and need to be looked at.
