General Questions

Question 1

What are the 2 goals of death penalty jurispurdence?

Answer 1

deterrence and retribution

Question 2

What does the 8th Amendment ban?

Answer 2

Cruel and unusual punishment

Question 3

How do we know if something is cruel and unusual?

Answer 3

Look to the evolving standards of decency (trop 1958)

Question 4

What does American consensus involve?

Answer 4

1) what are the laws of the 50 states?

2) what are the jury verdicts in cases?

Question 5

What is independent judgment?

Answer 5

The judges may also use their independent judgement in evaluating the case

1) Proportionality; does the punishment fit the crime AND ONLY IN DEATH PENALTY CASES, DOES THE PUNISHMENT FIT THE CRIMINAL
2) Kennedy-even though a juvenile could be depraved enough to warrant the death penalty, Kennedy doesn’t trust the jury can’t be trusted to fairly evaluate the case

Question 6

How does Foreign law come into play?

Answer 6

Foreign law is a contested issues; should the judges look to it or not?