POLISCI 361 Lecture Notes - Lecture 17: Intellectual Disability

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Facts: a jury found gregg guilty of armed robbery and murder and sentenced him to death. 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. Question: is the imposition of the death sentence prohibited under the eighth and fourteenth. Ruling: court ruled it is not a violation because the death penalty isn"t always considered cruel and unusual depends on severity of crime, nature of defendant, and precedent of other capital punishment cases. Facts: a louisiana court found kennedy guilty of raping his eight-year-old stepdaughter. Louisiana law allows the district attorney to seek the death penalty for defendants found guilty of raping children under the age of twelve, so he was sentenced to death and he appealed.

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