(Download) "Newman v. Wainwright" by United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Newman v. Wainwright
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 31, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
By his habeas corpus petition Newman contends that his death sentence for rape should be set aside because the voir dire examination of the jury panel was not recorded, thus foreclosing to him proof that prospective jurors might have been excused in violation of the precepts of Witherspoon v. Illinois, 1968, 391 U.S. 510, 88 S. Ct. 1770, 20 L. Ed. 2d 776. Secondly, he urges that the imposition of the death penalty amounts to cruel and unusual punishment in violation of the Eighth Amendment. The intervening decision in Furman v. Georgia, 1972, 408 U.S. 238, 92 S. Ct. 2726, 33 L. Ed. 2d 346 and its companion cases holding that the death penalty as imposed under the Georgia and Texas statutes is cruel and unusual punishment in violation of the Eighth Amendment is controlling. There, as in Florida,1 the death penalty has been inequitably, arbitrarily, and infrequently imposed and thus ""constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments"". 408 U.S. at 239, 92 S. Ct. at 2727.
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