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Most states that reinstated death penalty statutes implemented some sort of system of "guided discretion" since Furman ruled that the "unbridled discretion" of the previous statutes rose to arbitrary and capricious application of the laws in violation of due process. Most states went to a sentencing scheme that requires jurors to find aggravating circumstances, then look for any mitigating circumstances, undergo some weighing process of those two and then make a determination whether death or life is the appropriate sentence.

These guided discretion statutes were approved in 1976 by the Supreme Court in Gregg v. Georgia (428 U.S. 153), Jurek v. Texas (428 U.S. 262), and Proffitt v. Florida (428 U.S. 242), collectively referred to as the Gregg decision. This landmark decision held that the new death penalty statutes in Florida, Georgia, and Texas were constitutional, thus reinstating the death penalty in those states. The Court also held that the death penalty itself was constitutional under the Eighth Amendment.


In addition to sentencing guidelines, three other procedural reforms were approved by the Court in Gregg. The first was bifurcated trials, in which there are separate deliberations for the guilt and penalty phases of the trial. Only after the jury has determined that the defendant is guilty of capital murder does it decide in a second trial whether the defendant should be sentenced to death or given a lesser sentence of prison time. Another reform was the practice of automatic appellate review of convictions and sentence. The final procedural reform from Gregg was proportionality review, a practice that helps the state to identify and eliminate sentencing disparities. Through this process, the state appellate court can compare the sentence in the case being reviewed with other cases within the state, to see if it is disproportionate.

2007-03-21 05:24:00 · answer #1 · answered by jurydoc 7 · 0 0

He did not change the regulations. He fulfilled them. The regulations interior the OT were given to the Jewish u . s .. no longer to any human beings. They were area of a covenant or contract between the Jews and Jehovah God. They were to be his human beings. regrettably they disobeyed and easily rebelled antagonistic to God. finally they killed God's personal son. by technique of killing God's son they extra an end to the regulations and the contract they'd with Jehovah. in the previous Jesus died he made a sparkling covenant or contract with all his straightforward followers no count number number what race or u . s . they were. This became popular first with Jesus' apostles on the nighttime of the perfect supper. Jesus gave us 2 regulations to stay with. to love God with all of your heart, soul and approaches and to love your neighbor as your self. in case you obey those 2 regulations then you really does no longer be breaking any of the others. you've already responded your individual question by technique of posting the verses in Matthew. examine those verses again. a million. He fulfilled the regulations. once you fulfill some thing then that's executed is it no longer? You fulfill a contract potential you done that contract. The regulations were to be obeyed till the messiah got here. Jesus became the messiah. note: What does Paul tell the Roman congregation? Rom. 7:6, 7: “now we were discharged from the regulation, because we've died to that by technique of which we were being held quickly . . . What, then, lets say? Is the regulation sin? never could that change into so! really i does no longer have come to understand sin if it had no longer been for the regulation; and, as an instance, i does no longer have usual covetousness if the regulation had no longer stated: ‘you should no longer covet.’” (right here, at modern after writing that Jewish Christians were “discharged from the regulation,” what celebration from the regulation does Paul cite? The 10th Commandment, accordingly exhibiting that it became lined interior the regulation from which they were discharged.)

2016-12-02 08:44:12 · answer #2 · answered by kimmy 4 · 0 0

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