Abstract
Part I of this comment provides a brief review of Furman and the circumstances leading to the decision. Part II discusses the factors indicating current arbitrariness and other recurring fac-tors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.
Document Type
Article
Publication Date
2011
Recommended Citation
Lindsey S. Vann, Comment, History Repeats Itself: The Post-Furman Return to Arbitrariness in Capital Punishment, 45 U. Rich. L. Rev. 1255 (2011).