Respuesta :
Based on the text of the Constitution, it is important to note that the Supreme Court cases mentioned involve complex legal issues and interpretations. However, I can provide a brief overview of the arguments presented in these cases.
1. Francis v Resweber (1947): In this case, the argument centered around the Eighth Amendment's prohibition of cruel and unusual punishment. The question was whether executing a prisoner who survived the first attempt was considered cruel and unusual punishment. The Supreme Court ultimately ruled that it did not violate the Eighth Amendment, stating that the intention to cause harm was not present.
2. Furman v. Georgia (1972): This case dealt with the constitutionality of the death penalty as applied in certain circumstances. The argument was that the application of the death penalty was arbitrary and violated the Eighth and Fourteenth Amendments. The Supreme Court, in a split decision, found that the death penalty, as it was applied at that time, was unconstitutional due to its arbitrary nature.
3. Gregg v. Georgia (1976): Following Furman v. Georgia, this case examined whether the revised death penalty statutes in Georgia were constitutional. The argument was that the death penalty constituted cruel and unusual punishment. The Supreme Court ruled that the death penalty itself was not inherently cruel and unusual, but its application needed to meet certain standards to avoid arbitrariness and discrimination.
4. McCleskey v. Kemp (1987): In this case, the argument centered around racial bias in the application of the death penalty. The question was whether statistical evidence of racial disparities in the sentencing process was enough to demonstrate a constitutional violation. The Supreme Court ruled that statistical evidence alone was not sufficient to prove racial bias in an individual case and that there needed to be specific evidence of intentional discrimination.
5. Roper v Simmons (2005): This case dealt with the constitutionality of the death penalty for individuals who committed crimes while under the age of 18. The argument was that the execution of minors violated the Eighth Amendment's prohibition of cruel and unusual punishment. The Supreme Court ruled that the execution of individuals who committed crimes while under 18 was indeed cruel and unusual punishment and therefore unconstitutional.
It is important to note that the "better" argument depends on personal interpretation and can vary. The Supreme Court's rulings in these cases provide insight into the Court's interpretation of the Constitution and its application to the specific legal issues presented.
