case: Gregg v. Georgia

These are questions about the case of gregg v Georgia i need to answer all the questions below

1. Justice Stewart offers two criteria by which to decide whether a punishment is "cruel and unusual." How do these compare to the four criteria Justice Brennan offered in the Furman case?

2. In Furman, Brennan argued against capital punishment, in

part, on the grounds that it is "unacceptable to contemporary

society"; he used as evidence the fact that juries rarely impose

capital punishment even when it is an available option. What

strategies does Stewart adopt in paragraphs 14 through 17 in

responding to Brennan?

3. Unlike Brennan, Stewart holds that retribution is an appropriate

purpose for a criminal justice system. In paragraph 20,

he argues, using the following propositions, that sometimes

capital punishment is appropriate as a form of retribution.

Diagram the argument below:

(1) Humans have an instinct for retribution.

(2) If people do not believe the criminal justice system will

impose upon criminals the punishments they deserve,

the seeds of anarchy are sown.

(3) Having retribution as one of the aims of the criminal

justice system promotes social stability.

(4) Some crimes are extreme affronts to humanity.

(5) Therefore, sometimes capital punishment is the only

adequate response.

4. Stewart believes that the seeming arbitrariness of the use of

the death penalty was central to the Furman case. In paragraphs

27 through 31, how many newly enacted safeguards

against arbitrariness does Stewart mention?

5. In the Furman decision, Brennan offered four arguments to

support the conclusion that the death penalty is cruel and

unusual. Has Stewart responded to each of those arguments?