Answer to Question 1
Answer: This theory seeks to deter crime by rehabilitating the convicted person. It also hopes to serve as an
example to others inclined to commit crime.
Answer to Question 2
Answer: Pro death penalty: A Georgia statute was passed allowing the jury or judge to take into consideration
aggravating or mitigating circumstances in imposing the alternate sentence of life imprisonment or
death. It was upheld by the U.S. Supreme Court in Gregg v. Georgia. In reaffirming that the death penalty
was not in violation of the Eighth Amendment guarantee against cruel and unusual punishment. As it is
now the actual penalty of death is not cruel and unusual itself.
Against death penalty: In Coker v. Georgia, the U.S. Supreme Court held that the death penalty for the
rape of an adult woman was excessive and disproportionate to the crime so the death penalty is not
appropriate for all crimes but only the most heinous according to the SCOTUS. Since the Coker decision
was handed down, the U.S. Supreme Court has invalidated the death penalty in two other landmark
cases, establishing new approaches to death penalty limitations. Imposing the intent phase in such cases
does preclude the death penaltys being imposed in most instances. The Constitutions ban on cruel and
unusual punishment bars the execution of mentally retarded people.
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