The United States Supreme Court and the death penalty: The struggle for fairness

In the ten years since Furman v. Georgia , the United States has recognized the right of states to adopt and follow different capital sentencing schemes so long as they protect the defendant from arbitrary and capricious imposing of the death sentence. The sentence may not be disproportionate to the...

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Bibliographic Details
Main Author: Moore, Richter H. (Author)
Format: Electronic Article
Language:English
Published: 1986
In: American journal of criminal justice
Year: 1986, Volume: 10, Issue: 2, Pages: 178-204
Online Access: Volltext (lizenzpflichtig)
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Keywords:
Fourteenth Amendment
Trial Judge
United States Supreme
Death Sentence
Death Penalty
Description
Summary:In the ten years since Furman v. Georgia , the United States has recognized the right of states to adopt and follow different capital sentencing schemes so long as they protect the defendant from arbitrary and capricious imposing of the death sentence. The sentence may not be disproportionate to the crime. Sentencing may be done by a judge or jury. Prospective jurors may not be challenged for cause merely because their deliberations would be affected because a death penalty was possible, but only if they could not fulfill their oath. Habeas corpus petitions in capital cases are not open invitations to avoid finality of judgment and execution of the sentence, but are to find constitutional errors.
ISSN:1936-1351
DOI:10.1007/BF02887469