v. Georgia Court Case (the Supreme Court
reviewed this case and also included the similar cases Gregg v.
Georgia, Jurek v. Texas and Proffitt v. Florida)
The US Supreme Court found the DP laws to be unconstitutional. The laws were deemed cruel and unusual punishment which is in violation of the 8th Amendment of our Constitution: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted ." The Supreme Court felt allowing a jury to decide sentencing could yield arbitrary results which would not be fair to the defendant and amount to "cruel and unusual punishment." To counteract this, states wrote new laws providing sentencing guidelines to the jury and to the judge. "Aggravating" and "mitigating" circumstances were added to crimes to help the juries and judges decide who should get the DP. The DP laws were also found to violate the 14th Amendment, the right to due process. Supreme Court justices believed defendants should not be sentenced to death immediately, during the same deliberations that found them guilty, but should get a separate sentencing phase. The Supreme Court also started the practice of allowing a death sentence an automatic appeal. This helps the state's maintain a fair standard of death sentences by reviewing each DP case in the state's appellate courts.
2. How to Write a Death Penalty Essay (Against It)?
Surely, there also can be found good arguments against a death penalty.
• Moral Aspect
A death penalty contradicts the value of life claimed by constitution and main religions. Basically, legalization of a death penalty is a legalization of a murder, telling that there can be reasons good enough for it.
• No Way Back
Humans can make mistakes. However, in case of death penalty mistakes are irrevocable.
• Racial Bias
A death penalty issue may deal with the racial bias, since the representatives of racial minorities are more likely to be sentenced to death as the general statistics says.