Why do we punish( retribution, deterrence, incapacitation*, rehabilitation, and restoration)*probelms with this: tax dollars go to maintaing prisons and just becuase they are locked up it doesn't mean they'll change8th amendment: excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted [made applicable to states through the 14th amendment]* furman vs Georgia (1972)² landmark Supreme Court case that placed a moratorium on executions² violates 8th Amendment² uncivilized, inhumane, inconsistent with the human dignity and with the sanctity of life² ban was because of how the execution was being done² executions were mainly against black and the poor* Gregg vs Georgia² landmark springs court case that ended the moratorium on executions and restore the death penalty² Set 2 criteria 1. must provide objective criteria and limits sentencing destrectionA. Aggravating and mitigating factors2. must allow sentencer to take into consideration character and criminal recordB. Bifurcated trials~ one for the trial and one for the sentencingØ criteria can vary across jurisdictions( federal / state differences, state - state differences)Ø must be a capital offenseØ must not be arbitrary or capriciousØ Aggravating factorsØ Mitigation factorsLimiting death penalty1) atkins vs virgina(2002)Bans death penalty for mentally retarded offenders2) roper vs simmons(2005)bans death penalty for those who were under 18 when they committed the crime* court recognizes three differences between juveniles and adults1) juvenile lack maturity and lacks sense of responsibility2) juveniles are more susceptible and vulnerable to negative influences and outside pressures3) juveniles characters / personality traits are more transparent and less fixedü from 1930 - 1966, 72 percent of those executed in the South were black 4220 executed totalü 34 states have the death penaltyü Offender- victim dyad(Most likely to get death penalty)Black offender, white victimwhite offender, white victimblack offender, black victimwhite offender, white victim(Least likely to get death penalty)l Texas: still has death penalty at largel Alaska, Hawaii, Vermont, Maine, and others: abolished the death penaltyl 51% of globe doesn't have the death