Fourth Amendment pt.3 and Death penalty

Board of Education vs. Earls (2002)

• Overview:

  • Decided by the US Supreme Court in 2002.

  • Circumstances differ from the Vernonia case (also a Supreme Court case regarding student drug testing).

  • Vernonia associated drug testing specifically with student athletes.

• Significance/Context and Details:

  • Drug testing was based on random testing for all students involved in extracurricular activities, not just athletes or specific suspicion.

  • Critics argued privacy interests for students in activities like band, chess club, and ski club differ from athletes.

  • The court viewed participation in extracurricular activities as voluntary, making consent to drug testing part of that choice, reducing students' expectations of privacy during school hours.

  • Parents or guardians must sign a permission slip for students to participate and undergo a drug test.

  • Decided by a narrow five-to-four vote (Vernonia was six-to-three).

  • Justice Ruth Bader Ginsburg dissented, noting students in extracurriculars are typically less likely to use illegal drugs and criticizing the majority’s reasoning as failing to respect Fourth Amendment rights.

  • Ginsburg referenced “nightmarish images of out-of-control flatware,” to illustrate concerns about unfairly testing students engaged in non-dangerous activities.

  • Similar to Vernonia, the policy involved referral to counseling rather than immediate disciplinary action, aiming to assist students struggling with drug use rather than punish.

Eighth Amendment and Capital Punishment

• Overview of the Eighth Amendment:

  • Prohibits cruel and unusual punishment.

  • The constitutionality of the death penalty as cruel and unusual has been debated.

  • General conclusions by courts tend not to categorize the death penalty itself as inherently cruel and unusual.

• Key Supreme Court Cases:

  • Furman v. Georgia (1972):

  • Details:

    • Addressed Georgia's death penalty law, claiming a lack of standards for its administration.

    • The Supreme Court held that the execution methods and their application violated the Eighth Amendment due to inconsistency and unfairness.

  • Significance:

    • Did not abolish the death penalty itself but identified a flawed procedure.

    • Resulted in public support for the death penalty declining drastically until the Manson killings revitalized some support.

  • Gregg v. Georgia (1976):

  • Details:

    • Followed revisions made to Georgia’s death penalty laws.

    • Specified six categories of crime qualifying for capital punishment.

    • Categories Included:

      • First-degree murder

      • Rape (later ruled out in Coker v. Georgia, 1978)

      • Aircraft hijacking

      • Other listed crimes related to severe offenses.

    • Introduced a bifurcated trial system for capital punishment, dividing it into:

    • Stage 1: Determination of guilt beyond a reasonable doubt.

    • Stage 2: Sentencing phase, considering aggravating and mitigating factors.

    • Aggravating Factors:

      • Involve severity and additional issues making a crime worse (e.g., multiple capital felonies, heinous acts).

      • Example: Killing two people simultaneously or mutilation post-mortem.

      • Must be established for imposing a death penalty.

      • Must find at least one aggravating factor in addition to a guilty verdict.

    • Mitigating Factors:

      • Considerations that indicate less culpability (e.g., age, evidence of abuse, mental health issues).

      • Assess the context of the crime and the defendant's situation.

  • Significance:

    • The Supreme Court upheld the revised law due to newly incorporated safeguards, re-establishing the constitutionality of the death penalty under specific procedural guidelines.

• Future Discussions:

  • Focus on recent cases and various arguments for and against capital punishment in further discussions.