The United States Supreme Court recently handed down Gregg v. Georgia, a decision that attempted to resolve the question of the constitutionality of capital punishment. The author analyzes that decision within the context of those that preceded it and reviews decisions handed down by the Supreme Court of Florida after it. He questions whether the law has really been clarified as to the constitutionality of capital punishment, raising possible challenges not only under the eighth amendment, but also under substantive due process concepts.
Irwin P. Stotzky,
31 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol31/iss4/5