Test 2 Gregg vs Georgia Questions asked is new Georgia death penalty statute constitutional If yes does Georgia law contain sufficient safeguards against arbitrary and capricious imposition of death penalty Decision ended the de facto moratorium on death penalty imposed by Furman vs Georgia 7 2 Furman vs Georgia said death penalty as it was being practiced was unconstitutional but not that the DP itself was unconstitutional Goal of death penalty retribution and deterrence of capital crimes Summary death penalty is constitutional and changes in Georgia law provide sufficient safeguards against arbitrary and capricious imposition Gregg may be executed Changes in Georgia Law providing safeguards bifurcated trials list of aggravators at least one Provision of mitigators State court review compare Death sentences with others to avoid disproportionality Importance guided discretion and permitted states to resume executions Justices just incase he asks Stewart presented decision Marshall and Brennan last two dissented Woodson vs North Carolina them unconstitutional Yes Question Do mandatory death penalty statutes violate 8th and 14th amendment rights making Decision Mandatory Death Penalty statutes are unconstitutional because they result in arbitrariness Importance rejection of mandatory DP avoids return of 19th century laws which prevents Jury Nullification something Chief Justice Burger cautioned against in Furman vs Georgia Guided discretion vs mandatory sentencing Gregg vs Georgia Jurek vs Texas and Proffitt vs Florida all used guided discretion and all were Roberts v Louisiana and Woodson v North Caroline both used mandatory sentencing and were upheld by Supreme Court both rejected by Supreme Court Death penalty statutes must allow for the consideration of mitigating factors 2 years after Gregg Some minor loopholes in Gregg decision closed by Lockett Lockett v Ohio Presnell v Georgia Jury must find at least one aggravating factor before death penalty can be sentenced also closed some loopholes American Law Institute and Model Penal Code ALI Goal Fair legal and more consistent sentencing system across all 50 states Model penal code worked on for many years by different committees and was first published in 1962 Holds up under US supreme Court review Model Penal Code adopted by states and Supreme Court when reinstituted death penalty in Gregg v Georgia 6 circumstances lead to a life sentence ALI very conservative organization has remained neutral and has never taken a stand on death penalty Circumstances that lead to DP bifurcated trial mitigating and aggravating factors review by higher state court Results statutes started to become uniform and consistent Powell v Alabama preceded Furman and Gregg by 40 years Train riding Fight broke out and black men were accused of killing and raping Needed extra security personnel to prevent lynching 8 9 sentenced to death 1 got life in prison youngest There were 4 trials poor defense attorneys who were unprepared Question do indigent poor capital defendants have the right to adequate and meaningful counsel at government expense Decision 7 2 Denied them due process They DO have the right Summary in a capital case it is the duty of the court to assign counsel as a necessary requisite of due process of law to those who are unable to employ counselors for his own defense Importance paved way for one of most important court decision affected rights of accused Right to an attorney precedes Gideon vs Wainwrght by 33 years Justices Sutherland presented case 3 cases after Gregg decision that Narrowed scope of Capital Punishment Coker vs Georgia death penalty is unconstitutional in case of the rape of an adult woman when no death occurs Eberhart vs Georgia DP is unconstitutional in case of kidnapping when no death occurs Kennedy v Louisiana Death penalty is unconstitutional in case of rape of a child when no death occurs and no death was intended to occur Herrera v Collins Regarding Habeas Corpus claim of innocence based on newly discovered evidence is not grounds for release by habeas Habeas courts sit to insure individuals are not imprisoned on violation of constitution not to correct errors of fact If incarceration is argued that it is in violation of a constitutional right the court may order the prisoner s release Insanity vs Mental Illness Sanity and insanity Legal terms Crazy colloquial term What is the percent of insanity defenses use o Approximately 1 percent of cases us insanity defense and are successful only 25 time Judges and juries determine if a defendants are sane not doctors o Doctors may examine and offer expert testimony Guilty but mentally ill not guilty by reason of insanity o Institution for life in murder case Definitions of insanity o M naghten rule originated in England Englishman Daniel shot and killed secretary of British Prime Minister believing prime minister was conspiring against him and was placed in mental institution until death Case caused public uproar queen Victoria ordered court to develop a stricter test for insanity Right from Wrong rule didn t know what they were doing Didn t know what they were doing was wrong Became standard for insanity in US and the UK and is still standard for insanity in many states to be applied by jury after hearing medical testimony from experts o Irresistible impulse test 1994 Lorena Bobbitt cut off husband s penis and was found not guilty because of an irresistible urge after years of physical verbal and sexual abuse Cannot resist impulse i e Kleptomaniacs But fails to test whether impulse was not resisted or if it cannot be resisted o Durham Rule Eventually rejected Product rule If unlawful act was product of mental disease or mental defect by federal courts because it cast too broad of a net alcoholics gamblers drug addicts etc Did not agree with McNaughton rule thought that it was a misleading conception of nature of insanity o Substantial capacity test American law Institute ALI placed rule in Model Penal Code Defendant is NOT responsible for crime if he did not possess substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law due to mental disease or defect M naghten irresistible impulse AKA Model Penal Code Test o Guilty but mentally ill Insanity Defense Reform Act 1984 Unable to appreciate the nature and quality or wrongfulness of actions He because of a perverted mind is moved by an uncontrollable impulse
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