HW #115 (add-on) pages 322-231. Ruling and explanation in Kansas v. Marsh (2006).Terms:Appeal by rightHarmless errorsDiscretionary review

1. The ruling in Kansas v. Marsh (2006), was that the death penalty can be applied as the course of action in a ruling of guilt towards the criminal, and that even though there may be other options such as life in jail, the states have a constitutional right to decide from amongst a range of actions as punishment. This 5 4 decision displayed the deep division that the court has been tackling since it has dealt with the death penalty being implemented as a constitutional punishment from a capital crime. In contrast, the dissenters view was that the relation of the death penalty as an appropriate and first course of punishment with regard to crimes warranting the death punishment, allow the for doubtful cases in question to be put in a framework where the law is too obtuse by any moral or social measure.

Appeal by Right An appeal brought to a higher court as a matter of right under federal or state law

Harmless Errors a procedural or substantive error that does not affect the outcome of a judicial proceeding

Discretionary Review Form of appellate court review of lower court decisions that is not mandatory but occurs at the discretion of the appellate court