Week 13 - Sentencing disparity persists because the punishment

Week 13

1. Sentencing disparity persists because the punishment of offenders in the United States is basically a state or local concern where justice is determined by state legislatures and reflects a consensus among political constituents. What are the problems with sentencing guidelines? What are the problems with determinate sentences? Indeterminate sentences? Discuss some possible ways in which sentencing disparity might be resolved.
2. In Furman v. Georgia (1972) the Supreme Court held that the death penalty, as it was being applied, was unconstitutional. Four years later, in Gregg v. Georgia (1976) the Court held that death penalty laws that have sufficient safeguards against arbitrary and capricious imposition are constitutional. Discuss what made such a change possible. How has the Court modified the death penalty since Gregg v. Georgia (1976)?