Decision of The Court
In his concurrence in Furman, Justice Potter Stewart remarked that the death penalty was "cruel and unusual in the same way that being struck by lightning is cruel and unusual." The Court set out two broad guidelines that legislatures must follow in order to craft a constitutional capital sentencing scheme:
- First, the scheme must provide objective criteria to direct and limit the death sentencing discretion. The objectiveness of these criteria must in turn be ensured by appellate review of all death sentences.
- Second, the scheme must allow the sentencer (whether judge or jury) to take into account the character and record of an individual defendant.
In Gregg, Proffitt, and Jurek, the Court found that the capital sentencing schemes of Georgia, Florida, and Texas, respectively, met these criteria; whereas in Woodson and Roberts, the Court found that the sentencing schemes of North Carolina and Louisiana did not.
Read more about this topic: Gregg V. Georgia
Famous quotes containing the words decision of the, decision of, decision and/or court:
“Will mankind never learn that policy is not morality,—that it never secures any moral right, but considers merely what is expedient? chooses the available candidate,—who is invariably the devil,—and what right have his constituents to be surprised, because the devil does not behave like an angel of light? What is wanted is men, not of policy, but of probity,—who recognize a higher law than the Constitution, or the decision of the majority.”
—Henry David Thoreau (1817–1862)
“The impulse to perfection cannot exist where the definition of perfection is the arbitrary decision of authority. That which is born in loneliness and from the heart cannot be defended against the judgment of a committee of sycophants. The volatile essences which make literature cannot survive the clichés of a long series of story conferences.”
—Raymond Chandler (1888–1959)
“I know my fate. One day my name will be tied to the memory of something monstrous—a crisis without equal on earth, the most profound collision of conscience, a decision invoked against everything that had previously been believed, demanded, sanctified. I am no man, I am dynamite!”
—Friedrich Nietzsche (1844–1900)
“We should have learnt by now that laws and court decisions can only point the way. They can establish criteria of right and wrong. And they can provide a basis for rooting out the evils of bigotry and racism. But they cannot wipe away centuries of oppression and injustice—however much we might desire it.”
—Hubert H. Humphrey (1911–1978)