Week 5 Discussion 1

In 1972, the Supreme Court struck down all death penalty laws in the case of Furman v. Georgia. Explain the Supreme Court’s decision and highlight three recent Supreme Court decisions about the death penalty since 1972.

The Supreme Court’s decision regarding Furman vs. Georgia allowed the examination of evidence and nature of crime committed … all death penalty laws were struck down as “arbitrary and capricious”. In order to use the death penalty adherence to the following requirements would have to be made:

Excerpt from Criminal Law, Gardner/Anderson, 11th edition/2012 – Page 201

1. The issue of whether the death penalty will be used in the state must be submitted to the people of the state in a referendum.

2. If a substantial majority of the voters approve the use of the death penalty, the state legislature must enact laws permitting the use of the death penalty.

3. The new state statute must determine which crime (or crimes) could be punished by the death penalty, whether it will be the trial judge or jury who will make the decision to impose it, in what method it will be inflicted, and the appellate process used to review the sentence.

4. The new statute must require juries or judges considering the death penalty to make findings of statutory aggravating circumstances to justify the imposition of the death penalty and also make findings of the mitigating circumstances that would weigh against the imposition of the death penalty.

All of these requirements would have to be incorporated as new procedural policy and allow adherence to support the sentencing and administering of the death penalty to be executed and fulfilled. Therefore because no procedural process was in motion to determine which defendant shall live and who should die nor was there a consideration of which crime was a sure guarantee for the death penalty that was clearly delineated and this caused a violat5ion of the 8th and 14th amendments.

Three or more recent Supreme Court decisions that related to the death penalty since 1972 are:

1984 Pulley v. Harris 1986 Ford v. Wainright
1976 Jurek v. Texas 2006 Panetti v. Dretke
2005 Roper v. Simmons 2002 Atkins v. Virginia
2008 Baze v. Rees 2002 Ring v. Arizona

Analyze the benefit and impact of the “three strikes” laws or statutes dealing with career criminals. Discuss the pros and cons of such laws, and whether you think they have any impact on repeat offenders.

The benefits and impact of the “three strikes” laws or statutes that deal with criminals include the imposing of a 25 to life sentence on the completion of a felony that constitutes a third violation of legalistic laws and compels the justice system to sentence violators under the “three strikes” law. Because of the enforcing of these laws parole is not available until the minimum time is served.



PROS

Deterrent to criminals to commit crimes
Repeat felons removed off street (hardcore criminals)
Drop in Crime Rates
Longer sentences

CONS

Non-life threatening crimes affect and count toward the three strike law
Costly to budget
Burden to court system
No provisions to deal with workload
Overcrowding
Releasing prisoners earlier than stipulated