Capital Punishment: Cruel and Unusual? (Information Plus by Kim Masters Evans

By Kim Masters Evans

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Campbell argued that the state was infringing on his First Amendment right of free exercise of his religion. He claimed that it was against his religion to participate in his own execution by being allowed to elect lethal injection over hanging. The court contended that Campbell did not have to choose an execution method or participate in his own execution. ’’ The death penalty statute does not require him to choose the method of execution; it simply offers a choice.

S. ’’ The Arizona Supreme Court reversed the conviction and ordered that Fulminante be retried without the use of his confession to Sarivola. S. Supreme Court agreed to hear the case. In Arizona v. S. 279, 1991), Justice Byron R. White (1917–2002), writing for the majority, stated that even though the question was a close one, the Arizona Supreme Court was right in concluding that Fulminante’s confession had been coerced. He further noted, ‘‘The Arizona Supreme Court found a credible threat of physical violence unless Fulminante confessed.

Writing for the minority, Justice Sandra Day O’Connor (1930–) concluded that intent is a complex issue. It should be left to the judge and jury trying the accused to decide intent, not a federal court far removed from the actual trial. Enmund Revisited However, just because a person had no intent to kill does not mean that he or she cannot be sentenced to death. In the early morning of September 22, 1978, Crawford Bullock and his friend Ricky Tucker had been drinking at a bar in Jackson, Mississippi, and were offered a ride home by Mark Dickson, an acquaintance.

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