This at Assignment Help course will explore three primary issues: 1) the Supreme Court's forty-year effort to define what cases can permissibly receive the death penalty and the procedures under which it must be imposed 2) the arguments for and against the death penalty, with a major focus on whether the death penalty deters, is administered in a racially biased way, or is otherwise implemented in an arbitrary and capricious manner and 3) what the US and international status of the death penalty is today and what the prospects are for the future. The readings on deterrence and racial discrimination will entail some substantial statistical analysis, compiled over the number of years.
A judge has to balance the personality of the offender with the circumstances, situations and the reaction and choose the appropriate sentence to be imposed. The court after surveying its earlier decision and the legislative policy held that life imprisonment is the rule and death sentence an exception. The death sentence is to be imposed in rarest of rare cases when the collective conscience of the county is so shocked, that it will expect the holders of judicial power center to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining the death penalty.
The courts generally observe that if upon taking an overall global view of the circumstances in the light of the aforementioned propositions and taking into account the answers to the questions posed by way of the test for the rarest of the rare cases, the circumstances of the case are such that death is warranted, the court would proceed to do so. While awarding adequate sentence the courts have to be cognizant of the fact that a convict hovers between life and death when the question of gravity of offence and award of adequate sentence comes for consideration.
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