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 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)
“Concision in style, precision in thought, decision in life.”
—Victor Hugo (1802–1885)
“As to “Don Juan,” confess ... that it is the sublime of that there sort of writing; it may be bawdy, but is it not good English? It may be profligate, but is it not life, is it not the thing? Could any man have written it who has not lived in the world? and tooled in a post-chaise? in a hackney coach? in a Gondola? against a wall? in a court carriage? in a vis a vis? on a table? and under it?”
—George Gordon Noel Byron (1788–1824)