NCJ Number
7549
Journal
St John's Law Review Volume: 47 Issue: 1 Dated: (OCTOBER 1972)
Date Published
1972
Length
41 pages
Annotation
ANALYSIS OF THE INDIVIDUAL OPINIONS IN THE SUPREME COURT DECISION WHICH RULED THAT THE DEATH PENALTY, AS PRESENTLY IMPOSED, IS CRUEL AND UNUSUAL PUNISHMENT.
Abstract
THE AUTHOR TRACES THE HISTORY OF THE CRUEL AND UNUSUAL PUNISHMENT CLAUSE AND THE DEVELOPMENT OF AN EIGHTH AMENDMENT JUDICIAL STANDARD. THE CONCEPTS OF EXCESSIVE CRUELTY AND UNUSUALNESS ARE ANALYZED SEPARATELY AND THEN RELATED TO THE NINE DIFFERENT OPINIONS BY THE JUSTICES WHICH WERE WRITTEN IN THE FURMAN CASE. THE MEMBERS OF THE MAJORITY, THE AUTHOR CONCLUDES, HAVE ADDED TO THE CONFUSION SURROUNDING THE ISSUE BY FAILING TO AGREE ON A SINGLE COMMON GROUND FOR THEIR CONDEMNATION OF THE DEATH PENALTY. THE FUTURE OF CAPITAL PUNISHMENT WILL REMAIN UNDETERMINED UNTIL A MANDATORY DEATH PENALTY STATUTE IS REVIEWED BY THE COURT.