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NCJRS Abstract

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NCJ Number: 40250 Find in a Library
Title: CAPITAL PUNISHMENT - A REVIEW OF RECENT SUPREME COURT DECISIONS
Journal: NOTRE DAME LAWYER  Volume:52  Issue:2  Dated:(DECEMBER 1976)  Pages:261-289
Author(s): B J MEAGHER
Corporate Author: University of Notre Dame
Law School
United States of America
Date Published: 1976
Page Count: 29
Sponsoring Agency: University of Notre Dame
Notre Dame, IN 46556
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE ANALYZES THE HISTORY OF LITIGATION BEFORE THE SUPREME COURT CONCERNING CAPITAL PUNISHMENT AS IT RELATES TO THE 'CRUEL AND UNUSUAL' CLAUSE OF THE EIGHTH AMENDMENT.
Abstract: PARTICULAR EMPHASIS IS PLACED ON THE RECENT CASES OF GREGG V. GEORGIA, PROFFIT V. FLORIDA AND JURLK V. TEXAS (1976), WHERE THE SUPREME COURT RULED THAT, PROPERLY ADMINISTERED, THE DEATH PENALTY DOES NOT PER SE VIOLATE THE EIGHTH AMENDMENT PROTECTION AGAINST CRUEL AND UNUSUAL PUNISMENT. THE AUTHOR REVIEWS THE MAJORITY AND DISSENTING OPINIONS, FACTUAL BACKGROUND, THE ISSUES OF MANDATORY AND NON-MANDATORY DEATH PENALTIES, AND LEGISLATIVE IMPLICATIONS FOR THE STATES. THE NEW PROCEDURAL REQUIREMENTS MANDATED BY THE COURT ARE RELATED TO THE CHANGING JUDICIAL DEFINITION OF CRUEL AND UNUSUAL PUNISHMENTS....MSP
Index Term(s): Analysis; Capital punishment; Cruel and unusual punishment; Judicial decisions; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=40250

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