Brown vs broad
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- We will now hear arguments in the case of Furman v. Georgia. Mr. Thurgood Marshall, you may proceed.
- Thank you, Your Honor. This case challenges the constitutionality of the death penalty under certain circumstances. We argue that the imposition of the death penalty in a discriminatory and arbitrary manner violates the Eighth and Fourteenth Amendments to the Constitution.
- Mr. Marshall, can you explain how segregation in public schools violates the Equal Protection Clause?
- Yes, Your Honor. Our research has shown that the death penalty is disproportionately applied to black defendants and is often influenced by factors such as race, geography, and the quality of legal representation. The death penalty is also applied arbitrarily, with different juries reaching vastly different results in similar cases.
- But Mr. Marshall, isn't the death penalty a necessary deterrent to crime and a just punishment for heinous offenses?
- Your Honor, there is no evidence to support the argument that the death penalty deters crime. In fact, states without the death penalty have lower murder rates than those that impose it. Furthermore, the death penalty is often applied in an arbitrary manner, leading to cases where innocent people are sentenced to death while some guilty defendants escape it.
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