NCJ Number
17818
Journal
Southwestern Law Journal Volume: 27 Issue: 2 Dated: (MAY 1973) Pages: 298-324
Date Published
1973
Length
27 pages
Annotation
THIS COMMENT EXAMINES THE HOLDING AND EFFECTS OF THE 1972 SUPREME COURT DECISION IN FURMAN V. GEORGIA THAT THE DEATH PENALTY, IN THE THREE INSTANT CASES, VIOLATED THE EIGHTH AND FOURTEENTH AMENDMENTS.
Abstract
THE HISTORICAL DEVELOPMENT OF THE BASIS OF THE DECISION IS REVIEWED, ALONG WITH THE CONSTITUTIONAL PROSCRIPTION OF CRUEL AND UNUSUAL PUNISHMENTS, BOTH AS TO THE CLAUSE ITSELF AND AS TO PREVIOUS INTERPRETATIONS BY THE UNITED STATES SUPREME COURT. HIGHLIGHTED IS THE 1972 CALIFORNIA CASE, PEOPLE V. ANDERSON, IN WHICH CAPITAL PUNISHMENT WAS FIRST DECLARED ABSOLUTELY TO BE A CRUEL OR UNUSUAL PUNISHMENT. THE AUTHOR ALSO ANALYZES THE INDIVIDUAL CONCURRING AND DISSENTING OPINIONS HANDED DOWN IN FURMAN IN ORDER TO, AS CLOSELY AS POSSIBLE, DEFINE THE OPINION OF THE COURT. IN ADDITION, THREE IMPLICATIONS OF THE DECISION ARE EXPLORED - THE QUESTIONS OF WHETHER BAIL MAY BE DENIED IN CASES INVOLVING CRIMES PREVIOUSLY CARRYING THE DEATH PENALTY, WHAT PROCEDURES SHOULD BE USED TO RESENTENCE PRISONERS ON DEATH ROW, AND HOW CAPITAL PUNISHMENT LEGISLATION MAY BE DRAFTED TO PASS CONSTITUTIONAL MUSTER.