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eBook Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty download

by Michael A. Foley

eBook Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty download ISBN: 0275975878
Author: Michael A. Foley
Publisher: Praeger (June 30, 2003)
Language: English
Pages: 264
ePub: 1849 kb
Fb2: 1292 kb
Rating: 4.7
Other formats: lrf doc lrf mbr
Category: Act
Subcategory: Constitutional Law

Justice Marshall once remarked that if people knew what he knew about the death penalty, they would reject it overwhelmingly. Foley elucidates Marshall's claim that fundamental flaws exist in the implementation of the death penalty. He guides us through the history of the Supreme Court's death penalty decisions, revealing a constitutional quagmire the Court must navigate to avoid violating the fundamental tenant of equal justice for all.

Home Browse Books Book details, Arbitrary and Capricious: The Supreme Court, the. The Supreme Court began to scrutinize the constitutionality of the death penalty in 1878 in Wilkerson v. Utah. Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty. In Wilkerson, the Justices unanimously held that death by firing squad did not violate the Eighth Amendment's prohibition of cruel and unusual punishment.

Includes bibliographical references and index.

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He guides us through the history of the Supreme Court's death penalty decisions, revealing a. .MICHAEL A. FOLEY is Full Professor and Chair of the Philosophy Department, Marywood University in Scranton, Pennsylvania.

MICHAEL A. His primary academic interests are philosophical perspectives on constitutional issues.

Foley, Michael A. Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty

Foley, Michael A. Death penalty discourse has not been as static as is often assumed, and the debates of each era provide a window onto both the nature of the actual practice of the death penalty in different times and the broader social contexts in which that practice has operated.

Personal Name: Foley, Michael . On this site it is impossible to download the book, read the book online or get the contents of a book.

Personal Name: Foley, Michael A. Publication, Distribution, et. Westport, Conn. The administration of the site is not responsible for the content of the site. The data of catalog based on open source database. All rights are reserved by their owners. Download book Arbitrary and capricious : the Supreme Court, the Constitution, and the death penalty, Michael A. Foley.

Can the Supreme Court Continue to Live with Our Arbitrary and Capricious Death Penalty? Liliana Segura. December 24 2017, 1:17 . Photo: Brendan ImagesPhoto: Brendan Images. Rudolph J. Gerber has never forgotten where he was when the . Supreme Court struck down the death penalty over 45 years ago. He was a new lawyer in Phoenix, working as the associate director of the Arizona Criminal Code Commission.

The majority held that, in violation of the Eighth Amendment to the Constitution, the death penalty qualified as cruel and unusual punishment, primarily because states employed execution in arbitrary and capricious ways, especially in regard to race

The majority held that, in violation of the Eighth Amendment to the Constitution, the death penalty qualified as cruel and unusual punishment, primarily because states employed execution in arbitrary and capricious ways, especially in regard to race.

Justice Marshall once remarked that if people knew what he knew about the death penalty, they would reject it overwhelmingly. Foley elucidates Marshall's claim that fundamental flaws exist in the implementation of the death penalty. He guides us through the history of the Supreme Court's death penalty decisions, revealing a constitutional quagmire the Court must navigate to avoid violating the fundamental tenant of equal justice for all.

Nearly 100 influential Supreme Court capital punishment-related cases from 1878-2002 are examined, beginning with Wilkerson v. Utah, which question not the legitimacy of capital punishment, but the methods of execution. Over time, focus shifted from the constitutionality of certain methods to the fairness of who was being sentenced for capital crimes―and why. The watershed 1972 ruling Furman v. Georgia reversed the Court's stand on capital punishment, holding that the arbitrary and capricious imposition of the death penalty is cruel and unusual punishment, and therefore unconstitutional. Furman clarified that any new death penalty legislation must contain sentencing procedures that avoid the arbitrary infliction of a life-ending verdict, which led to the current complex tangle of issues surrounding the death penalty and its constitutional viability.