skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 42055 Find in a Library
Title: CAPITAL PUNISHMENT IN THE LIGHT OF CONSTITUTIONAL EVOLUTION - AN ANALYSIS OF DISTINCTIONS BETWEEN FURMAN AND GREGG
Journal: NOTRE DAME LAWYER  Volume:52  Issue:4  Dated:(APRIL 1977)  Pages:596-610
Author(s): J C ENGLAND
Corporate Author: University of Notre Dame
Law School
United States of America
Date Published: 1977
Page Count: 16
Sponsoring Agency: University of Notre Dame
Notre Dame, IN 46556
Format: Article
Language: English
Country: United States of America
Annotation: THIS ARTICLE ANALYZES THE CONSTITUTIONAL AND LOGICAL DISTINCTIONS BETWEEN THE U.S. SUPREME COURT DECISIONS OF FURMAN V. GEORGIA (1972) AND GREGG V. GEORGIA (1976), INVOLVING THE CONSTITUTIONALITY OF THE DEATH PENALTY.
Abstract: IN FURMAN, THE SUPREME COURT, INSTEAD OF UPHOLDING OR OUTLAWING THE DEATH PENALTY PER SE, SIDESTEPPED THE QUESTION AND ISSUED A PER CURIAM OPINION, SUPPLEMENTED BY FIVE SEPARATE CONCURRING OPINIONS IN THE PLURALITY AND FOUR SEPARATE DISSENTS. THE PLURALITY HELD, FOR A VARIETY OF REASONS, THAT THE 'IMPOSITION AND CARRYING OUT OF THE DEATH PENALTY IN THESE CASES CONSTITUTE CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH AND FOURTEENTH AMENDMENTS.' IN GREGG, THE COURT HELD THAT CAPITAL PUNISHMENT FOR MURDER IS NOT UNCONSTITUTIONAL PER SE; ON THE CONTRARY, IT MAY BE IMPOSED IF APPROPRIATE SAFEGUARDS ARE ESTABLISHED. THIS ARTICLE EXAMINES: THE IMPORT OF THE FURMAN DECISION, INCLUDING AN ANALYSIS OF THE ARGUMENTS AND PLURALITY OPINIONS; THE RESPONSES OF SELECTED STATES TO FURMAN; THE GREGG DECISION IN THE LIGHT OF FURMAN; AND BOTH FURMAN AND GREGG IN THE CONTEXT OF CONSTITUTIONAL HISTORY. (AUTHOR ABSTRACT MODIFIED)... MSP
Index Term(s): Capital punishment; Comparative analysis; Cruel and unusual punishment; Judicial decisions; US Supreme Court
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=42055

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.