Constitutional Law

Arbitrary and Capricious: The Supreme Court, the by Michael A. Foley

By Michael A. Foley

Justice Marshall as soon as remarked that if humans knew what he knew in regards to the loss of life penalty, they'd reject it overwhelmingly. Foley elucidates Marshall's declare that primary flaws exist within the implementation of the demise penalty. He publications us in the course of the heritage of the ideally suited Court's dying penalty judgements, revealing a constitutional quagmire the courtroom needs to navigate to prevent violating the basic tenant of equivalent justice for all.

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Extra info for Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty

Sample text

The citizen who fails to pay his taxes or to abide by the laws safeguarding the integrity of elections deals a dangerous blow 1878–1971: Initial Forays into Cruel and Unusual Punishments 41 to his country. But could a citizen be deprived of his nationality for evading these basic responsibilities of citizenship? In time of war, the citizen’s duties include not only the military defense of the Nation, but also full participation in the manifold activities of the civilian ranks.

The state court rested its decision upon the ground that, even if it were assumed that there was no name of a negro on the jury roll, it was not established that race or color caused the omission. The court pointed out that the statute fixed a high standard of qualifications for jurors, and that the jury commission was vested with a wide discretion. 55 The Supreme Court did not accept that determination. We are of the opinion that the evidence required a different result from that reached in the state court.

6 Execution by firing squad does not qualify as unusual because others, including the military, have used it. Consequently, execution by firing squad does not fall into the domain of cruel and unusual punishments. That being the case, the Court does not even consider whether the Eighth Amendment applies to the states through the Fourteenth Amendment. That challenge arrives in 1890 in In re Kemmler. S. 436 [1890] [argued 5/20/1890; decided 5/23/1890]) is the first case to test the constitutionality of the death 1878–1971: Initial Forays into Cruel and Unusual Punishments 21 penalty by use of the electric chair.

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