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Death Penalty System in Usa

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Submitted By himanshi23
Words 472
Pages 2
Reinstatement
Of the Death penalty
2/6/2016

On the issue of death penalty the suggestions and thinking of justice Marshall and Brennan, that the death penalty is unconstitutional. After this decision the court has decide to leave the decision on the states to make their laws on the issue of capital punishment. Now advocates are trying to make new laws to end the autocracy and 35 states including Florida they enact the new laws of death penalty. Death penalty was imposed by Supreme Court in 1976 with some reforms which were come from all the states. They provide some guidelines for judge & jury on which behalf death penalty should impose. The guidelines were accepted in 1976 by supreme court in in Gregg v. Georgia (428 U.S. 153), Jurek v. Texas (428 U.S. 262), and Proffitt v. Florida (428 U.S. 242) and commonly this decision is known as Gregg decision. This death penalty decision is imposed or we can say reinstated first on Florida, Georgia & Texas. It came under the 8th amendments of the constitution. Under these reforms there were three procedures which is going to follow every time when someone came under death penalty. First bifurcated trials happened in which there is separate comment for the guilt and number of phases of the trial. Then after it second one is to see whether the crime require death penalty or lesser punishment. Last reform is to review convictions and punishment made. These procedural reforms will helps to states to eliminate the death penalty cases. Due to these reforms which force to Supreme Court to reinstate the death penalty in 1976 after a 4 year hiatus. It is not used as deterrent by the states but as a punishment but mostly it is very rare to have executions to any of the criminal, only a very few one gets the death penalty. (Reinstating the Death Penalty)
According to me in serious first just follow these reforms. But

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