Texas has had several cases rise to the Supreme Court level. There have been many that not only impact the Lone Star State, but also the nation’s justice department. Every court case offers a new side to any issue being addressed and aides in future decisions on cases dealing with the same subject. These cases allow improvements of the operation of the Justice Department. Jurek v. Texas is one of the cases that follows prior case decisions, but also allows for further improvements of the justice system. Jurek v. Texas addresses the constitutionality of the death penalty in the state of Texas. In 1975, Jerry Lane Jurek, the appellant, had been given the death penalty after sitting through trial in court for capital murder. He had been day
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Georgia addresses the constitutionality of the death penalty as well and in response to that case, created Article 1257 and Article 37.071, both of which Jurek v. Texas utilizes in the decision making process (CourtListener). Article 1257 has four subsections. The two main subsections that impact a jury’s decision are (a) and (b). Subsection (a) states “Except as provided in Subsection (b)” “the punishment for murder shall be confinement in the penitentiary for life or for any term of years no less than two.” (CourtListener). Subsection (b) has five different circumstances a jury looks into when choosing the sentence of life imprisonment or death.. If any of the circumstances are met, then the sentence for the appellant is considered for the death penalty. However, the appellant is not sentenced to death unless another jury answers two or three questions addressed in Article 37.071, unanimously. The main two questions are whether the murder was committed “deliberately” and if the defendant would be “a continuing threat to society” (United States). The jury in Jurek v. Texas answered these questions unanimously, therefore sentencing Jurek to death (United States). Jurek disagreed with his sentencing and challenged the court’s ruling several times after their
Georgia addresses the constitutionality of the death penalty as well and in response to that case, created Article 1257 and Article 37.071, both of which Jurek v. Texas utilizes in the decision making process (CourtListener). Article 1257 has four subsections. The two main subsections that impact a jury’s decision are (a) and (b). Subsection (a) states “Except as provided in Subsection (b)” “the punishment for murder shall be confinement in the penitentiary for life or for any term of years no less than two.” (CourtListener). Subsection (b) has five different circumstances a jury looks into when choosing the sentence of life imprisonment or death.. If any of the circumstances are met, then the sentence for the appellant is considered for the death penalty. However, the appellant is not sentenced to death unless another jury answers two or three questions addressed in Article 37.071, unanimously. The main two questions are whether the murder was committed “deliberately” and if the defendant would be “a continuing threat to society” (United States). The jury in Jurek v. Texas answered these questions unanimously, therefore sentencing Jurek to death (United States). Jurek disagreed with his sentencing and challenged the court’s ruling several times after their