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Punishment
Leading Cases in Punishment
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FURMAN v. GEORGIA, 408 U.S. 238 (1972) [Death Penalty]
"Imposition and carrying out of death penalty in these cases held to
constitute cruel and unusual punishment in violation of Eighth and
Fourteenth Amendments."
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WOODSON v. NORTH CAROLINA, 428 U.S. 280 (1976) [Death
Penalty]
The death penalty cannot be mandatory for any crime since it does not
allow for the consideration of the character of the offender and
circumstances surrounding the crime.
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GREGG v. GEORGIA, 428 U.S. 153 (1976) [Death Penalty]
"In its review of a death sentence (which is automatic), the State
Supreme Court must consider whether the sentence was influenced by
passion, prejudice, or any other arbitrary factor; whether the evidence
supports the finding of a statutory aggravating circumstance; and
whether the death sentence "is excessive or disproportionate to the
penalty imposed in similar cases, considering both the crime and the
defendant." If the court affirms the death sentence it must include in
its decision reference to similar cases that it has considered."
- COKER
v. GEORGIA, 433 U.S. 584 (1977) [Death Penalty]
The death penalty for rape was disproportionate to the crime and was
thus unconstitutional.
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GODFREY v. GEORGIA, 446 U.S. 420 (1980) [Death Penalty]
"However, the Georgia courts did not so limit the statute in the present
case. Petitioner did not torture or commit an aggravated battery upon
his victims, or cause either of them to suffer any physical injury
preceding their deaths. Nor can the death sentences be upheld on the
ground that the murders were "outrageously or wantonly vile, horrible or
inhuman in that [they] involved . . . depravity of mind." Petitioner's
crimes cannot be said to have reflected a consciousness materially more
"depraved" than that of any person guilty of murder."
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ENMUND v. FLORIDA, 458 U.S. 782 (1982) [Death Penalty]
"The death penalty, which is unique in its severity and irrevocability,
is an excessive penalty for the robber, who, as such, does not take
human life. Here, the focus must be on petitioner's culpability, not on
those who committed the robbery and killings. He did not kill or intend
to kill and thus his culpability is different from that of the robbers
who killed, and it is impermissible for
the State to treat them alike and attribute to petitioner the
culpability of those who killed the victims."
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WILLIAMS v. ILLINOIS, 399 U.S. 235 (1970) [Fines]
"Though a State has considerable latitude in fixing the punishment for
state crimes and may impose alternative sanctions, it may not under the
Equal Protection Clause subject a certain class of convicted defendants
to a period of imprisonment beyond the statutory maximum solely by
reason of their indigency."
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