English

Nations Judiciary

Firstly, the following lines give a summary of the circumstances leading to the case:Furman was convicted for the murder of the father of 5 children with the deployment of a gun, following the deceased’s discovery that the former had broken into his home with the intent of robbery. Furman was also found guilty of forcible rape. Jackson was also convicted for rape during the course of the robbery. It was found that the act of rape was carried out by holding the sharp end of scissors at the victim’s throat. The branch is the other party found guilty of a rape committed in the victim’s home. There was no evidence of any usage of weapon during the rape, but physical coercion and intimidation were employed by the perpetrators. The rest of the essay forays into their stated reasons and their supported arguments on how the death penalty is not compatible with certain provisions in the constitution.According to Justice Douglas, it is irresponsible on part of the judiciary to assume that the death penalty is not a cruel act, unless the method employed to execute the guilty would aggravate the suffering and pain. It is also of Justice Douglas’ opinion that capital punishment is not fastened to the obsolete, but may acquire meaning as public opinion becomes enlightened by a humane justice. He also cites the majority opinion of the Trop v. Dulles case, that states that the choice of punishment must draw its meaning from the changing sensibilities of the broader demography and should conform to the spirit of progress and sophistication that is the sigh of a progressive society. Further, Justice Douglas points to how death penalty in this particular case would violate the Eighth Amendment to theConstitution of the United States. He analyses the origins of the Eighth Amendment, which traces back to the English Bill of Rights of 1969 and cites the meaning implied by its authors.

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