While the decision has hung over states as one national standard, it infringes the essential principles of federalism and separation of powers that are rooted in the country's constitutional system (Silversten, 2011).

During the time that the Supreme Court made this ruling, the state of Georgia basically had the same position on punishment for the crime of rape with many states. Actually, very few states permitted the executions or enforcement of capital punishment for convicted rapists. Similar to many of the states, Georgia did not permit the execution of individuals convicted of rape mainly because of the constitutional requirement of proportionality. However, the Supreme Court made its ruling and conclusion through considering the objective indicia of the country's attitude toward capital punishment in rape cases. Nonetheless, this cannot be justified under the Constitution because the Supreme Court could have simply left the decision in place and restricted itself to analyzing...
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