Unit 9: Analysis and Application: Sentencing
“THE IMPOSITION/ CONSTITUTIONALITY OF THE
Critical Legal Issues in Criminal Justice
Twenty five years ago, in Furman v. Georgia, the U.S. Supreme Court considered whether the death penalty violated the Eighth Amendment prohibition on cruel and unusual punishment. The Court explained that the lack of uniform standards for the application of the death penalty resulted in arbitrary and discriminatory sentencing, violating the Eighth Amendment prohibition on cruel and unusual punishment. The death penalty was then found unconstitutional. In response to this decision, states modified their death penalty legislation to accommodate the concerns of the Court. In the 1976 case, Gregg v. Georgia, the Court upheld the constitutionality of the death penalty, as applied under the new statutes. You need to look at the constitutional rights during the sentencing as well as the impacts on sentencing guidelines and the constitutionality of the death penalty. On the constitutionality on the sentencing guidelines they can be used to determine the appropriate sentence for an offender. “With the goals of the offender’s sentencing to hopefully lead to rehabilitation, retribution, incapacitation, or deterrence.” (Worrall, 2007)
The death penalty is the most serious punishment that can be imposed. The death penalty is a very sensitive subject and with it comes different pros and cons. The argument most often discussed in support of capital punishment is that the threat of executions deters capital crimes more effectively than imprisonment. This claim is plausible, but the facts do not support it. The death penalty fails as a deterrent for several reasons. One reason is that any punishment can be an effective deterrent only if it is consistently and promptly employed. Capital punishment cannot be administered to meet these conditions.
Ones that are pro death penalty agree that it...