Gregg v Georgia 1976 428 U S 153
- Slides: 14
Gregg v. Georgia (1976) 428 U. S. 153 Luke Phillis, Brandon Robaugh
Constitutional Issue ● Gregg v Georgia - Troy Leon Gregg was sentenced to death for armed robbery and murder, but he argued that the death penalty was considered Cruel and Unusual Punishment which was protected under the 8 th amendment.
Parties / People Involved ● Troy Leon Gregg (Defendant) ● Georgia State Legislature ● Supreme Court ● Burger Court
Location of Trial ● Georgia State Capitol ● Supreme Court of Georgia
Before Heading to Supreme Court ● Gregg and his defense brought to the Georgia Judicial System that the death penalty was in violation of the 8 th amendment of the United States that it was considered cruel and unusual punishment. ● The Court denied the allegations. The Court found that Georgia’s system for applying the death penalty was “judicious” and “careful. ” ● Gregg had gone through two trials – one to determine guilt and one for sentencing. Further, specific jury findings of “aggravating circumstances” were necessary to impose the death penalty. There was therefore no Eighth Amendment violation, and the death penalty was constitutional.
United States in the Mid 1970 s ● In 1972, Furman v. Georgia was the first death penalty case to be brought to the Supreme Court. It was ruled constitutional and not in violation of the peoples’ 8 th amendment rights. ● In 1976, the death penalty was again made aware to the Supreme Court in the Gregg v. Georgia case. Once again, the Court ruled in favor of the death penalty and that it did not violate the 8 th amendment.
Supreme Court Ruling and Decision ● The Supreme Court ruled that the death penalty was not in violation of the 8 th amendment. It was ruled constitutional and justified in the court of law. The death penalty, therefore, was upheld.
Reason Given by Supreme Court for making their decision ● The Supreme Court upheld the death penalty because it did not violate the 8 th and 14 th amendments. There will be careful and judicious use of the death penalty, for instance if someone deliberately kills someone then the death penalty will come into play.
Opposing Viewpoints ● Dissenting were Justices Marshall and Brennan. Justice Marshall wrote that “such a punishment has as its very basis the total denial of the wrongdoer’s dignity and worth. ”
Personal Opinion about this ruling ● I personally believe that the death penalty should be upheld. If the person does something bad enough (for example: kill someone) then he/she should be subjected to the death penalty.
Dissenting Opinion. ● Everyone makes mistakes and no one should be killed for a mistake. Some people are mentally unstable and they aren’t thinking like the normal human being. He should not be killed for not being mentally stable. In the other case of someone being mentally stable, to kill someone he has sinned and God has forgiven sins. So why are we killing someone that has sinned? Punishment is acceptable but not punishment by death.
Majority Opinion ● Why is it acceptable to kill someone and only be sentenced to jail time where they can live comfortably? Killing someone should only have one penalty, the death sentence. You’re taking away someone’s family member. It doesn’t matter what your thinking is, everyone should know it is not acceptable to kill someone or commit a crime to the level of the death penalty. The death penalty is only for the worst of the worst crimes, if you’re able to do the crime you have to suffer the consequences and for some crimes it’s death.
Questions A-D A) 7 for the majority and 2 for the dissent B) William Brennan and Thurgood Marshall C) The dissenting opinion describes the “guilt stage” and the “sentencing stage”. It says that the death sentence is Cruel and Unusual Punishment and the sentencing someone to death is morally wrong. D) Harry Blackmun and Byron White both wrote concurrent statements.
Impact of this case ● In 1972, the case Furman v. Georgia was brought to the Supreme Court as the first death penalty case alleged as a violation of the peoples’ 8 th amendment rights. The Court ruled in favor of the death penalty and upheld the law. This is considered a “Landmark case” because it changed the viewing about the death penalty forever.
