0
There are several dissenting opinions contained in this decision, depending on the issue involved.
On the issue of Death being cruel and unusual punishment:
- MR. JUSTICE BRENNAN stated, quote: "This Court inescapably has the duty, as the ultimate arbiter of the meaning of our Constitution, to say whether, when individuals condemned to death stand before our Bar, "moral concepts" require us to hold that the law has progressed to the point where we should declare that the punishment of death, like punishments on the rack, the screw, and the wheel, is no longer morally tolerable in our civilized society. My opinion in Furman v. Georgia concluded that our civilization and the law had progressed to this point and that therefore the punishment of death, for whatever crime and under all circumstances, is "cruel and unusual" in violation of the Eighth and Fourteenth Amendments of the Constitution. I shall not again canvass the reasons that led to that conclusion. I emphasize only that foremost among the "moral concepts" recognized in our cases and inherent in the Clause is the primary moral principle that the State, even as it punishes, must treat its citizens in a manner consistent with their intrinsic worth as human beings - a punishment must not be so severe as to be degrading to human dignity."
MR. JUSTICE MARSHALL, dissenting.
In Furman v. Georgia, 408 U.S. 238, 314 (1972) (concurring opinion), I set forth at some length my views on the basic issue presented to the Court in these cases. The death penalty, I concluded, is a cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments. That continues to be my view.
The decisions then devolve into why different state systems are constitutional, or unconstitutional depending on the state (at least 4 are involved, and details are lengthy).
What else can I help you with?
Did Troy Gregg get the death sentence in the Gregg v Georgia case?
it was upheld
Who were the concurring and dissenting justices for Morse v Frederick?
You can take a look at the opinions at the link below.Justice Thomas wrote a concurring opinionJustice Alito wrote a concurring opinion in which Justice Kennedy joinedJustice Stevens wrote a dissenting opinion in which Justices Souter and Ginsberg joinedJustice Breyer wrote an opinion concurring in the judgment in part and dissenting in part
What is the concurring opinion in Loving v. Virginia?
In the case of Loving v. Virginia, the concurring opinion was written by Justice Potter Stewart. He agreed with the majority's ruling that Virginia's anti-miscegenation law was unconstitutional but wrote a separate concurrence to emphasize that the freedom to marry was a fundamental right protected by the Fourteenth Amendment's Due Process Clause. He argued that the Constitution prohibits interracial marriage restrictions just as it forbids measures that discriminate based on race.
What case ended the moratorium on the death penalty?
Gregg v Georgia, in 1976, said that the death penalty could be used with guided discretion. Four years earlier, in Furman v Georgia, it was determined that the death penalty was being given in an arbitrary and capricious manner, and that there needed to be more consistency, which started the four-year moratorium.
What was the concurring opinion on Sheppard v Maxwell?
maxwell got ten years in prison for not giving sheppard a fair trial
What was the first state to declare the death penalty unconstitutional since the US Supreme court reinstated it in Gregg v Georgia?
New York was the first state to declare the death penalty unconstitutional since the U.S. Supreme Court reinstated it in Gregg Vs. Georgia.
Who wrote the dissenting opinion in Gibbons v. Ogden?
There was no dissenting opinion in Gibbons v. Ogden,which received a unanimous vote of 6-0*; however, Justice William Johnson wrote a concurring opinion in order to present points not specifically covered in Marshall's writing.Gibbons v. Ogden, 22 US 1 (1824)For more information, see Related Questions, below.
Who wrote the majority opinion for Reynolds v US?
Chief Justice Morrison Waite wrote the unanimous opinion of the Court for Reynolds v. US, (1878). Justice Stephen J. Field wrote a concurring opinion.Case Citation:Reynolds v. United States, 98 US 145 (1878)For more information, see Related Questions, below.
Since do the USA Have death penalty?
The United States has had the death penalty since 1608 when George Kindle was killed. A moratorium on the death penalty was enacted in 1972 with the case of Furman v. Georgia and was brought back with the case of Gregg v. Georgia in 1976.
Has the United States always had the death penalty?
The United States has not always had the death penalty. In 1972 the United States Supreme Court called for a moratorium on the death penalty with the case of Furman v. Georgia and brought it back in 1976 with the case of Gregg v. Georgia.
Who wrote the opinion of the Court for Lawrence v. Texas?
Lawrence v. Texas, 539 US 558 (2003)Justice Anthony Kennedy wrote the opinion of the Court, and was joined by Justices Stevens, Souter, Ginsberg, and Breyer. Justice O'Connor voted with the majority, but wrote a separate concurring opinion rather than signing Kennedy's.Chief Justice Rehnquist, and Justices Scalia and Thomas dissented.
What was the dissenting opinion in Gideon v. Wainwright?
The decision in Gideon v. Wainwright was unanimous (9-0); there was no dissenting opinion. Justice Hugo Black delivered the opinion of the Court, and Justices Tom C. Clark, John Marshall Harlan II, and William O. Douglas wrote concurring opinions.The case citation is Gideon v. Wainwright,372 US 335 (1963)For more information, see Related Questions, below.
