Reference no: EM133476379

Question: Complete legal research on your own US State that you selected and create a PowerPoint slide show that has 5 slides that cover the following:

Slide #1: State the name of your state (the one that matches your letter of your last name) and place a link to its state judicial court system website. Does your state have the death penalty? If not, state when it was abolished and why. If so, what is the way of killing the defendant used by that state. In your opinion, is the death penalty "cruel and unusual punishment" in violation of the Eighth amendment to the US Constitution and thus should be abolished? Answer yes or no, and explain.

Slide #2: The Supreme Court has ruled that juveniles cannot be sentenced to death if they committed the crime when they were under the age of 18 as that is a form of "cruel and unusual punishment" in violation of the Eighth amendment to the US Constitution. In your opinion, is that the proper ruling? Answer yes or no, and explain.

The Supreme Court has also ruled that those with an intellectual disability or those under a certain level of IQ cannot be put to death as that is a form of "cruel and unusual punishment" in violation of the Eighth Amendment to the US Constitution. In a famous US Supreme Court decision, a Florida Statute defining "intellectual disability" was deemed to be unconstitutional. Play this short audio summary of this decision (the audio transcript is included):

Research on your state's case law using Google Scholar and find how your particular state determines if a person has an intellectual disability or not. Cite a case in your particular state that explains this test and explain what it says. In your opinion, should those with intellectual disability be sentenced to the death penalty? Answer yes or no, and explain. (In some states, this decision is by state statute. Use this link to see if your selected state has a statute on point and, if so, you can use it as a reference rather than a case decision: State Statutes Prohibiting the Death Penalty )

Slide #3: Do independent research on the application of the death penalty. Concentrate on the data and facts and information relative to the alleged disproportionate use of the death penalty against racial minorities (Are racial minorities being sentenced to death at a higher rate then non-minority members?). Yes/No? Do you feel that this is a legitimate concern, enough so, to stop the use of the death penalty in the USA? Why/why not?

Slide #4: In January 2020, the Florida Supreme Court reversed itself and ruled that juries DO NOT have to be unanimous in their finding that a defendant is "eligible" for the death sentence---see this news video:
The CURRENT Florida statute passed in 2023 requires only at least 8 jurors (out of 12) to vote for the death penalty before someone can be sentenced to death in Florida. If at least 8 jurors vote this way, then it becomes a "recommendation" which the judge may or may not follow when the final sentence is handed down by the court to the defendant in a capital felony case. In your opinion, should Florida require juries be required to rule either : (a) unanimous; (b) super majority vote; or (c) majority vote to recommend the death penalty in criminal cases. Why do you feel that way? Explain in your slide #4 and argue the Eighth Amendment and the Due Process Clause found in the Fifth and Fourteenth Amendments of the US Constitution when justifying your opinion.

Slide #5: Research this site The Innocence Project - The Innocent and the Death Penalty and pick a specific case with the defendant's last name starting with the same letter as your last name (or closest letter to your last initial if one is not matching). Briefly review the case and explain what happened. Does the fact that there are so many "wrong" death penalty convictions justify the abolition of the death penalty and convert all pending cases to "life in prison without parole"? Answer yes or no, and explain.