Court Cases & Terms
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| Sumner v. Shuman 1987 | Overturned mandatory death penalty for a murder while already serving life
No more mandatory death penalties!
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| Roberts v. Louisiana II 1977 | Mandatory death for killing police officer is unconstitutional because juries must consider mitigating and aggravating evidence
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| Woodson v. North Carolina 1976 | Mandatory death penalty is unconstitutional because juries cannot consider mitigating and aggravating evidence.
Decision based on history of mandatory death penalty law
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| Jurich v. Texas 1996 | USSC upholds new* mandatory death sentence law - WTF moment!!
Jurry must consider if defendant will commit future crime
Must vote unanimously on:
- If execution deters and retribution
- If execution will prevent future crime
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| Gregg v. Georgia 1976 | Death row penalty does not always violate 8th amendment
First time court states opinion on death penalty
Punishment must be justified, proportionate, serve deterrence/retribution
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| Georgia's *new* Death Law | Provides 10 aggravating circumstances, juries told to consider all mitigating circumstances but does not provide mitigating factors to jury
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| Furman v. Georgia 1972 | Struck down all death penalties because juries were not given guidelines on sentencing
"New 8th amendment created", this is actually a due process issue
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| Per Curiam | Unsigned opinion issued by Supreme Court
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| MacGutha v. California 1971 | Court upheld no guidelines when determining sentence for life or death
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| Witherspoon v. Illinois 1968 | Unconstitutional law that creates biased juries by selecting prospective jurors who have conscientious scruples
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| US v. Jackson 1968 | Lynberg Act (death penalty for those who kill & kidnap but no death if you plead guilty) is unconstitutional because it urges you give up rights (5th, 6th, 14th amendments)
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| Robinson v. California 1962 | 8th amendment applied to states as well as federal government by selective incorporation
Difference between act and status, punish act not status
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| Selective Incorporation | case by case basis on which the Bill of Rights was applied to the states
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| Tropp v. Dulles 1958 | Denationalizing someone violates 8th amendment cruel & unusual clause
8th amendment draws its meaning from evolving standarads of decency that marks progress of maturing society
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| Francis v. Reswaber 1947 | Botched electrocution does not violate 8th amendment cruel & unusual because it was not intentional
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| Baze v. Rees 2008 | Lethal injection does not violate 8th amendment cruel & unusual
Made standards to challenge execution
- Substantial risk of harm
- Must have alternative method
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| Nebraska v. Mata 2008 | 4-3 vote electric chair violates state constitution 8th amendment cruel & unusual
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| Weems v. US 1910 | Established grossly disproportionate sentence violate 8th amendment cruel & unusual
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| Hill v. McDonugh 2006 | Inmates can use section 1983 to challenge the method of execution instead of habeas corpus, w5n $$$ too
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| Section 1983 | Challenge death row sentence
Go straight to federal court instead of exhausting all state court options like habeas, win money, don't waste state funds
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| Nelson v. Campbell 2004 | Legal to challenge death row sentence using section 1983
"Cut down" procedure unconstitutional
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| Injunctive Relief | An order from a court telling a party to a lawsuit to either do or not do something
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| Glass v. Louisiana 1985 | Constitutional to use electric chair
Moving away from electrocutions
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| Heckler v. Chaney 1985 | FDA does not have to regulate drugs used in lethal injections, ;egl to use them
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| Campbell v. Wood | Hanging is constitutional because they follow Army guidelines and improved durability/strength of rope
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| Sec 1983 v. Habeas Corpus | HC: attack fact/length of sentence
1983: State who abuse constitutional rights can be sued
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| Wilkerson v. Utah 1879 | Method of execution is unconstitutional if:
- it inflicts torture
- it inflicts unnecessary cruelty
- produces lingering death
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| Death Row Phenomena | Being on death row for so long is cruel and unusual punishment because of violence and other conditions
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| Felony Murder Rule | Accomplices can be charged with 1st degree murder oh snap!
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| Jurek v. Texas Guidelines | Death if kill cop/fireman; murder while kidnapping, burglary, rape, arson; murder for hire; murder while fleeing jail; killing prison worker
Jury considers if death was intent, possible future crime, killer was provoked
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| Guided Discretion | Guilt and innocence of capital offenses are held separately from punishment hearings
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| Callins v. Collins 1994 | Fairness and consistency are not achievable together
Plenty of racism in death cases;
Difficult to appeal based on innocence;
Federal courts don't give meaningful review of constitutional claims
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| Lockett v. Ohio | Supreme Court consistent on two rulings: no 100% mandatory death penalties, jury must consider all mitigating evidence
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| Walton v. Arizona 1990 | Any evidence that favors life can be entered by defense and must be considered by jury, and prosecution cannot decide the weight of mitigating/aggravating factors
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| Proffitt v. Florida 1976 | Jury rules by majority whether life/death, judge makes final decision (Florida)
VERSUS
Jury makes life/death choice unanimously (Georgia)
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| Soering v. UK 1989 | Article III forbids EU to extradite US citizens if they face death sentence, must receive assurances
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| Short v. Netherlands 1990 | Article VI forbids EU to extradite US citizens if they face death sentences, must receive assurances
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| Short, Soering, Burns Standards | EU usually makes sure defendant will not face death despite the presence of conflicting treaties
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| US v. Burns 2001 | Article VII forbids Canada to extradite US citizens if they face death sentence, must receive assurances
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| (Stanislaus) Roberts v. Louisiana 1976 | Unconstitutional mandatory death sentence for those who kill: fireman/cop; killing with other felonies; kill for hire; intent to harm 2+ people; killing with murder conviction/life sentence
Gave jury four choices: guilty of 1st, 2nd, manslaughter, not
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