2. Death as punishment for a crime called also ca
pital punishment —see also CRUEL AND
UNUSUAL PUNISHMENT
NOTE: The U.S. Supreme Court has held that the death penalty is
not inherently violative of the Eighth Amendment's prohibition on
cruel and unusual punishment, provided that the method is not
deemed cruel and that the punishment is not excessive in relation
to the crime. A statute mandating the death penalty is
unconstitutional, however. A sentencing judge is required to
consider any mitigating circumstances before imposing the death
penalty for a crime.
Dictionary.com
(as a judicial process)
3. • Before any system of punishment was established, “Blood
feud” justice was very common
– The term “blood money”
– Bartering, compensation
• Capital punishment has been used globally since, well, the
beginning of history
– In some places, just to get rid of protesters or people who speak out
against the government
4. Furman v. Georgia
• “De facto moratorium”
– Moratorium: “delay or suspension of an activity” (wiki)
• Furman was arrested after an attempted burglary
where he shot the house resident
– Furman claims to have ‘accidentally’ shot blindly in one
account, then to have tripped on his gun
• This cased led for a
Long-term absence
Of the death penalty
I’ll know it
when I see
it
5. Gregg v. Georgia
• Attempted to prove the DP isn’t ‘cruel or
unusual’
• They made a case that “retribution was in
proportion to human dignity”
• Jurors still favored the implementation of the
death penalty