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Essay / Research Paper Abstract
3 pages in length. If the death penalty was outlawed for being arbitrary based on the lack of guidelines, it does not automatically equate with current death penalty sentences as fitting the definition of arbitrary. An immediate example in defense of this position is found in the 1976 Supreme Court case of Gregg v Georgia where the Court ruled how Georgia, Texas and Florida statutes are well within the constitutional guidelines and are not "arbitrary and capricious." Bibliography lists 4 sources.
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3 pages (~225 words per page)
File: LM1_TLCDthPenArb.rtf
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of arbitrary. An immediate example in defense of this position is found in the 1976 Supreme Court case of Gregg v Georgia where the Court ruled how Georgia, Texas
and Florida statutes were well within the constitutional guidelines and were not "arbitrary and capricious" (United States Supreme Court, 1976), further citing three procedural reforms of 1) "a bifurcated system
of guilt and penalty phases of a trial" (The International Justice Project, 2006); 2) implementation of automatic review of conviction and sentence; and 3) a proportionality review that provides states
the ability to "recognize and eradicate sentencing disparities" (The International Justice Project, 2006). At its conception, capital punishment was utilized as a way
of demonstrating ones mistakes in front of the community; it was a grand approach in which the guilty paid for their crimes by forfeiting their lives. The presumption was
that those who witnessed such an act of barbaric magnitude would refrain from committing any such crimes themselves, inasmuch as the origins of capital punishment held a dual purpose: to
kill the convicted and maintain order within the community perpetually striving to be civilized. With the consistent application of the death penalty in todays society, the very foundation upon
which it was originally created - to dissuade deviant social behavior - has continued to maintain focus in this direction. Capital punishment may
be anything but a perfect system, but it is certainly not based within foundation of arbitrary judgment. Myriad myths encircle the pro/con arguments of capital punishment, not the least
of which include 1) it is a violation of basic human rights, 2) it does not serve as a deterrent to future crime and 3) it is a wholly arbitrary
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