Death Penalty in America, Legal Studies 485, Spring 2003


03-13-03 Group discussion questions

Thompson v. Oklahoma and Stanford v. Kentucky

  1. Compare how the Court analyzed the information from state legislatures in both cases.  Based on this information, how does the Court reach different conclusions about executing 15 year olds vs. 16 and 17 year olds?
  2. Compare how the Court analyzed the information about jury behavior in both cases.  Based on this information, how does the Court reach different conclusions in the two cases.
  3. In Thompson, the Court looked at evidence from pr9fessional organizations and other nations. (p. 25, 3rd full paragraph)  What did it conclude about this evidence?  What does the Court in Stanford say about this kind of evidence? (p. 31, below V) Which do you agree with?
  4. In Thompson, the Court said “it is ultimately for us to decide whether the Eighth Amendment permits imposition of the death penalty.” (p. 26, 3rd paragraph) To make that judgment, what factors did the Court look at? What does the Court in Stanford say about this approach? (p. 32) Which do you agree with?
  5. Do you think the death penalty serves as a deterrent for minors? Is execution of Minors an appropriate goal of retribution?
  6. Setting aside the Court’s reasoning, for purposes of deciding whether to impose the death penalty, do you think there are distinctions between a 15 years old who commits murder and a 16 year old who commits murder and a 17 year old who commits murder and an 18 year old who commits murder?  Where would you draw the line?


 

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