Part I of this comment provides a brief review of Furmanandthe circumstances leading to the decision. Part II discusses thefactors indicating current arbitrariness and other recurring factors 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.
Lindsey S. Vann,
History Repeats Itself: The Post-Furman Return to Arbitrariness in Capital Punishment,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol45/iss4/8
Constitutional Law Commons, Criminal Law Commons, Law and Society Commons, Law Enforcement and Corrections Commons