SC CRJU 101 - Final Exam Study Guide (11 pages)

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Final Exam Study Guide



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CRJU 101 1nd Edition Exam 4 Study Guide Lectures 17 21 Chapter 9 Research on the deterrent effect of the death penalty Deterrence through fear of punishment stop people from committing a crime General Deterrence People don t commit homicide because they re afraid to get the death penalty cant prove this People might not know what crimes constitute the DP Deterrence the philosophy and practices that emphasize making criminal behavior less appealing General Deterrence the concept based on the logic that people who witness the pain suffered by those who commit crimes will want to avoid that pain and will refrain from criminal activity Furman vs Georgia in 1972 the US Supreme Court effectively banned the use of the death penalty This case issued the most significant ruling regarding the DP Furman argued that the only common element in executions was not the crime but the socioeconomic and racial characteristics of the offenders poor and African American The supreme court agreed and all DP sentences were suspended until the state could prove the DP was applied fairly The DP was reinstated 4 years later in Gregg vs Georgia Two key points 1 It did not declare that the DP was unconstitutional only that the manner in which it was applied was unconstitutional 2 All states were required to submit proof to the US Supreme court that their use of the DP was fair equitable and proportional to the crime In this effect this ruling voided all existing death penalties and DP laws Every prisoner in every state under the DP was given a reprieve This required the DP to be reexamined As a result of this ruling each state that wanted to keep the DP as a sanction had to submit legislation to the Court for approval prior to resuming the use of the DP Some states chose to abolish the DP Gregg vs Georgia required a bifurcated trial structure This required that trials for capital offenses had to be conducted in two separate parts In the first part of the trial the jury determines the guilt of



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