General Questions Flashcards

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1
Q

What are the 2 goals of death penalty jurispurdence?

A

deterrence and retribution

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2
Q

What does the 8th Amendment ban?

A

Cruel and unusual punishment

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3
Q

How do we know if something is cruel and unusual?

A

Look to the evolving standards of decency (trop 1958)

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4
Q

What does American consensus involve?

A

1) what are the laws of the 50 states?

2) what are the jury verdicts in cases?

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5
Q

What is independent judgment?

A

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

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6
Q

How does Foreign law come into play?

A

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

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