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Dissenting Opinion in Gregg v. Georgia
Transcript of Dissenting Opinion in Gregg v. Georgia
by Justice Thurgood Marshall Hollie Yates The death penalty is unconstitutional for two reasons:
It is excessive.
If the American people were fully informed, then they would consider it to be morally unacceptable. Justice Thurgood Marshall argues.. 8th Amendment states:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted" Why Marshall thinks it's excessive The death penalty is unnecessary to accomplish any purpose of deterrence or gaining just retribution. Rather than death penalty, life in prison would accomplish the above. If the people were informed citizenry, then it would be found shocking, unjust, and unacceptable
He also considers.. black white poor rich educated non-educated
Argument in Form If the death penalty violates the Eighth Amendment, then it is unconstitutional.
The death penalty does violate the Eighth Amendment.
So, the death penalty is unconstitutional. refer to excessive punishment Court's view Deterrence and Retribution sustain death penalty. However, no evidence to prove death penalty lower capital crimes in terms of deterrence.
Justices Stewart, Powell, and Stevens consider justification for retribution "If we don't punish them, then stability of society governed by law is lost resulting in anarchy"
Overall, Justice Thurgood Marshall suggests the death penalty won't accomplish these results.