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ISSN 1556-6757 |
SJI |
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Volume
3, Issue 1, 2012
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Georgie Ann Weatherby, Peter Cangany, Andre Labossiere, Brandon Clark
Abstract
This research aims to discover how public opinion has
swayed case law throughout United States history by examining major
historical turning points (such as wars and disasters) as well as
analyses of secondary sources pertaining to the issues at hand. It can
then be determined whether the opinion of the public has played a broad
role in the maturity of U.S. ideals in regard to capital punishment.
Furthermore, this study examines the evolving standards of decency which
recent Supreme Court cases (*Atkins v. Virginia* (2002) & *Roper v.
Simmons* (2005)) have set as a statute. Specific case law has been
identified back to 1878, but *Furman v. Georgia's* (1972) essential
predicate ruling is seen as the beginning of the progressive capital
punishment movement. To be precise, this investigation will assess how
and why public opinion on capital punishment in the U.S. has and
continues to influence case law.
Full Article
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