General Questions Flashcards
What are the 2 goals of death penalty jurispurdence?
deterrence and retribution
What does the 8th Amendment ban?
Cruel and unusual punishment
How do we know if something is cruel and unusual?
Look to the evolving standards of decency (trop 1958)
What does American consensus involve?
1) what are the laws of the 50 states?
2) what are the jury verdicts in cases?
What is independent judgment?
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
How does Foreign law come into play?
Foreign law is a contested issues; should the judges look to it or not?