Free Essays on Gregg V. Georgia

Syllabus Petitioner was charged with committing armed robbery and murder on the basis of evidence that he had killed and robbed two men. At the trial stage of Georgia's bifurcated procedure, the jury found petitioner guilty of two counts of armed robbery and two counts of murder. At the penalty stage, the judge instructed the jury that it could recommend either a death sentence or a life prison sentence on each count; that it was free to consider mitigating or aggravating circumstances, if any, as presented by the parties; and that it would not be authorized to consider imposing the death sentence unless it first found beyond a reasonable doubt (1) that the murder was committed while the offender was engaged in the commission of other capital felonies, viz., the armed robberies of the victims; (2) that he committed the murder for the purpose of receiving the victims' money and automobile; or (3) that the murder was "outrageously and wantonly vile, horrible and inhuman" in that it "involved the depravity of [the] mind of the defendant." The jury found the first and second of these aggravating circumstances, and returned a sentence of death. The Georgia Supreme Court affirmed the convictions. After reviewing the trial transcript and record and comparing the evidence and sentence in similar cases, the court upheld the death sentences for the murders, concluding that they had not resulted from prejudice or any other arbitrary factor, and were not excessive or disproportionate to the penalty applied in similar cases, but vacated the armed robbery sentences on the ground, inter alia, that the death penalty had rarely been imposed in Georgia for that offense. Petitioner challenges imposition of the death sentence under the Georgia statute as "cruel and unusual" punishment under the Eighth and Fourteenth Amendments. That statute, as amended following Furman v. Georgia, 408 U.S. 238 (where this Court held to be violative of those Am... Free Essays on Gregg V. Georgia Free Essays on Gregg V. Georgia Syllabus Petitioner was charged with committing armed robbery and murder on the basis of evidence that he had killed and robbed two men. At the trial stage of Georgia's bifurcated procedure, the jury found petitioner guilty of two counts of armed robbery and two counts of murder. At the penalty stage, the judge instructed the jury that it could recommend either a death sentence or a life prison sentence on each count; that it was free to consider mitigating or aggravating circumstances, if any, as presented by the parties; and that it would not be authorized to consider imposing the death sentence unless it first found beyond a reasonable doubt (1) that the murder was committed while the offender was engaged in the commission of other capital felonies, viz., the armed robberies of the victims; (2) that he committed the murder for the purpose of receiving the victims' money and automobile; or (3) that the murder was "outrageously and wantonly vile, horrible and inhuman" in that it "involved the depravity of [the] mind of the defendant." The jury found the first and second of these aggravating circumstances, and returned a sentence of death. The Georgia Supreme Court affirmed the convictions. After reviewing the trial transcript and record and comparing the evidence and sentence in similar cases, the court upheld the death sentences for the murders, concluding that they had not resulted from prejudice or any other arbitrary factor, and were not excessive or disproportionate to the penalty applied in similar cases, but vacated the armed robbery sentences on the ground, inter alia, that the death penalty had rarely been imposed in Georgia for that offense. Petitioner challenges imposition of the death sentence under the Georgia statute as "cruel and unusual" punishment under the Eighth and Fourteenth Amendments. That statute, as amended following Furman v. Georgia, 408 U.S. 238 (where this Court held to be violative of those Am...

The European Overseas Empires - Overview

The European Overseas Empires - Overview Europe is a relatively small continent, especially compared to Asia or Africa, but during the last five hundred years, European countries have controlled a huge part of the world, including almost all of Africa and the Americas. The nature of this control varied, from the benign to the genocidal, and the reasons also differed, from country to country, from era to era, from simple greed to ideologies of racial and moral superiority such as The White Mans Burden. They are almost gone now, swept away in a political and moral awakening over the last century, but the after-effects spark a different news story almost every week. A Desire to Find New Trade Routes Inspired Exploration There are two approaches to the study of the European Empires. The first is straightforward history: what happened, who did it, why they did it, and what effect this had, a narrative and analysis of politics, economics, culture, and society. The overseas empires began to form in the fifteenth century. Developments in shipbuilding and navigation, which allowed sailors to travel across the open seas with much greater success, coupled with advances in maths, astronomy, cartography, and printing, all of which allowed better knowledge to be more widely spread, gave Europe the potential to extend over the world. Pressure on land from the encroaching Ottoman Empire and a desire to find new trade routes through to the well-known Asian markets- the old routes being dominated by Ottomans and Venetians- gave Europe the push- that and the human desire to explore. Some sailors tried going around the bottom of Africa and up past India, others tried going across the Atlantic. Indeed, the vast majority of sailors who made western voyages of discovery were actually after alternative routes to Asia- the new American continent in between was something of a surprise. Colonialism and Imperialism If the first approach is the sort you will encounter mainly in history textbooks, the second is something youll encounter on the television and in the newspapers: the study of colonialism, imperialism, and the debate over the effects of empire. As with most isms, there is still an argument over exactly what we mean by the terms. Do we mean them to describe what the European nations did? Do we mean them to describe a political idea, which we will compare to Europes actions? Are we using them as retroactive terms, or did people at the time recognize them and act accordingly? This is just scratching the surface of the debate over imperialism, a term thrown around regularly by modern political blogs and commentators. Running alongside this is the judgmental analysis of the European Empires. The last decade has seen the established view- that the Empires were undemocratic, racist and thus bad- challenged by a new group of analysts who argue that the Empires actually did a lot of good. The democratic success of America, albeit achieved without much help from England, is frequently mentioned, as are the ethnic conflicts in African nations created by Europeans drawing straight lines on maps. Three Phases of Expansion There are three general phases in the history of Europes colonial expansion, all including wars of ownership between the Europeans and indigenous people, as well as between the Europeans themselves. The first age, which began in the fifteenth century and carried on into the nineteenth, is characterized by the conquest, settlement, and loss of America, the south of which was almost entirely divided between Spain and Portugal, and the north of which was dominated by France and England. However, England won wars against the French and Dutch before losing to their old colonists, who formed the United States; England retained only Canada. In the south, similar conflicts occurred, with the European nations being almost thrown out by the 1820s. During the same  period,  European nations also gained influence in Africa, India, Asia, and Australasia (England  colonized  the whole of Australia), especially the many islands and landmasses along the trading routes. This influence only increased during the nineteenth and early twentieth century, when  Britain, in particular, conquered India. However, this second phase is  characterized by the New Imperialism, a renewed interest and desire for overseas land felt by many European nations which prompted The Scramble for Africa, a race by many European countries to carve up the entirety of Africa between themselves. By 1914, only Liberia and  Abysinnia  remained independent. In 1914, the First World War began, a conflict partly motivated by imperial ambition. The consequent changes  in  Europe and the world eroded many beliefs in Imperialism, a trend enhanced by the Second World War. After 1914, the history of the European Empires- a third phase- is one of gradual  decolonization  and independence, with the vast majority of empires ceasing to exist. Given that European colonialism/imperialism affected the whole world, it is common to discuss some of the other rapidly expanding nations of the period as a comparison, in  particular, the United States and their ideology of manifest destiny. Two older empires are sometimes considered: the Asian part of Russia and the Ottoman Empire. The Early Imperial Nations England, France, Portugal, Spain, Denmark, and the Netherlands. The Later Imperial Nations England, France, Portugal, Spain, Denmark, Belgium, Germany, Italy, and the Netherlands.