A Web Quest by Ed Seidlinger

Evander Childs High School

Gregg v. Georgia (1976)

The Eighth Amendment: A View on Cruel and Unusual Punishment

INTRODUCTION

The Eighth Amendment to the United States Constitution was ratified in 1791. It says that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The cruel and unusual punishments clause derives from the English Bill of Rights of 1689: when the British King brutally executed hundreds of rebels. When the United States Constitution was adopted in 1791, it was clear that the framers of the Constitution had not intended to abolish capital punishment but was intended to forbid more pain than was necessary to eliminate life.

The Supreme Court held no punishments unconstitutional until Weeks v. U.S. in 1910. For the first time, the Court indicated that the Eighth Amendment does more than ban barbarous punishment but it also prohibits punishments that are disproportionate to the offense. This case opened the door to arguments that the death penalty was disproportionate punishment for some crimes.

After graduating from Mr. Seidlinger law class, you have accepted a new position as a court reporter for Court T.V. In your first assignment you have been selected to write an editorial for the up and coming 25^th anniversary of Gregg v. Georgia. You report will be seen by millions and will influence later court decisions. You have an extremely important t task GOOD LUCK!

In reviewing Gregg v. Georgia you and your fellow colleagues will be able to understand the impact that this Supreme Court decision has had on the administration of the death penalty.

Task

In reviewing the case, you will complete a written editorial on key issues in the post-Gregg case regarding the Death Penalty. In completing your task you will:

v Analyze the elements of the Eighth Amendment

v Review issues on the Death Penalty

v Use Comp Legal to find Gregg v. Georgia (1976)

v Use www.oyez.org to find Furman v. Georgia (1972) and Coker v. Georgia (1977)

v Use Ask-A-Legal Eagle to ask several questions on the application of the Death Penalty and on disproportionate punishments

vPrepare a 600-900-word editorial on the opposition and the support of the Death Penalty based on the Gregg case. This editorial will be typed, double-spaced using MS Word

PROCESS

In preparing your editorial on the Gregg case, you will:

§ Form into groups of four and review the opinions of the court

§ Analyze the pertinent facts of the case

§ Review articles and film on the purpose of the Eighth Amendment

§ Prepare two questions for the Legal Eagle on the disproportionate of punishment in applying the Eighth Amendment

§ Use these questions in your editorial

§ Write a 600-900-word editorial supporting and opposing the court decision.

§ Identify issues in your COMPULEGAL format from cases found in landmark decisions for extra credit.

§ You will complete the worksheets on the TIPS COMPULEGAL web site. You will use this information and other resources to complete your task. Accessing the websites in the “RESOURCE” section of this web quest will give your group a great deal of important information and will allow you to complete the worksheets below.

1: Complete the “FACTS & ISSUE QUESTION “sheet for the case

2: Complete the “REASONING GUIDE” for the case.

3: Use the United States Constitution for reference

4: You may “Ask a Legal Eagle” and pose questions to lawyers that will help you complete your task.

5: You may want to access the Bill of Rights as well.

6: You can also use the “Find Law library”

RESOURCES

The following resources will be used in preparing your editorial:

The following resources will be used in preparing your legal memorandum:

1) Internet: TIPS website www.maxwell.syr.edu/plegal

2) Internet: www.landmarkcases.org

3) Comp Legal: www.maxwell.syr.edu/plegal/scales/instruct.html

4) Ask-A-LEGAL Eagle: www.maxwell.syr.edu/plegal/welcome.html

5) Article: Rape and the Death Penalty by Barry Latzer (handout)

6) Article: Cruel and Unusual as Applied by Barry Latzer (handout)

7) Film: True Crime by Warner Bros.

EVALUATION

The students’ ability to present and discuss their Editorial, according to the justices’ criteria will determine their understanding of the topic.

RUBRIC	BELOW STANDARDS	MEET STANDARDS	ABOVE STANDARDS
Editorial	Not organized	Exhibits some organization	Well organized
	Lacks knowledge of facts	Some knowledge of the facts	Clear knowledge of the facts
	Lacks understanding of the Eighth Amendment	Some understanding of the Eighth Amendment	Clear understanding of the Eighth Amendment
	No precedents	Some precedents	Clear understanding of all the precedents
	No understandings of the issue	Some understanding of the issue	Clear understanding of the issue

Conclusion

Having successfully completed your assignment on Gregg v. Georgia (1976) you now are able to analyze a case while using the Internet and the “COMPULEGAL” format. You also are now able to prepare an editorial on conflicting views of the Eighth Amendment. As you have learned, The Supreme Court has established some significant guidelines for application of the Death Penalty in Gregg v. Georgia. Your Web Quest has provided the necessary foundation for you to examine other critical issues involving the Death Penalty. We will do this in our next web quest.

STANDARDS

SOCIAL STUDIES

Standard 1: History of the United States and New York

Students will use a variety of intellectual skills to demonstrate their understanding of major ideas, eras, themes, developments, and turning points in the history of the United States and New York.

Standard 5: Civics, Citizenship, and Government

Students will use a variety of intellectual skills to demonstrate their understanding of the necessity for establishing governments; the governmental system of the United States and other nations; the United States Constitution; the basic civic values of American constitutional democracy; and the roles, rights, and responsibilities of citizenship, including avenues of participation.

English Language Arts

Standard 1: Language for Information and Understanding

Students will listen, speak, read, and write for information and understanding. As listeners and readers, students will collect data, facts, and ideas; discover relationships, concepts, and generalizations; and use knowledge generated from oral, written, and electronically produced texts. As speakers and writers, they will use oral and written language that follows the accepted conventions of the English language to acquire, interpret, apply, and transmit information.

Standard 2: Language for Literary Response and Expression

Students will read and listen to oral, written, and electronically produced texts and performances from American and world literature; relate texts and performances to their own lives; and develop an understanding of the diverse social, historical, and cultural dimensions the texts and performances represent. As speakers and writers, students will use oral and written language that follows the accepted conventions of the English language for self-expression and artistic creation.

Standard 3: Language for Critical Analysis and Evaluation

Students will listen, speak, read, and write for critical analysis and evaluation. As listeners and readers, students will analyze experiences, ideas, information, and issues presented by others using a variety of established criteria. As speakers and writers, they will use oral and written language that follows the accepted conventions of the English language to present, from a variety of perspectives, their opinions and judgments on experiences, ideas, information and issues.

Standard 4: Language for Social Interaction

Students will listen, speak, read, and write for social interaction. Students will use oral and written language that follows the accepted conventions of the English language for effective social communication with a wide variety of people. As readers and listeners, they will use the social communications of others to enrich their understanding of people and their views.