Gregg vs Georgia

Gregg v. Georgia (1976) 428 U.S. 153 (1976) The issue addressed within this case was the constitutionality of the death penalty and if it was considered “cruel and unusual” punishment by the 8th amendment The parties involved in this case were Troy Gregg and the state of Georgia The trial took place in Georgia (1976) Leading to this event; A case four years earlier, Furman v Georgia, had the Supreme Court rule that the death penalty was unconstitutional. This was not because of the punishment itself, but because of the way that the death penalty was ruled in courts. However, since then 35 state courts had changed their death penalty system to fit the ruling of the court.

Prior to the supreme court case Gregg had already been tried and found guilty for two counts of murder and two counts of armed robbery. The jury had also said that there were “aggravating circumstances” so they decided that the death penalty should be ruled. During the time of this case the US was fully engaged in the Cold war and was recovering from Vietnam. Watergate had also occured 4 years prior to the case. Tensions between established government and the individual were at an all time high during the 70’s when the younger generation began enacting their will on the political landscape.

The conclusion was that the death penalty could be allowed in Georgia because new laws made it clear in defining who could receive the death penalty and it gave juries discretion in whether to apply it. The justices based their opinion on the fact that the death penalty for murder was used by the framers of the constitution in both the US and Britain. Also, that death as a punishment for murder is not without justification so it is not unconstitutionally severe. The opposition of this case argue that the right to life is guaranteed in the constitution so even if someone violates another’s right to life do they not still retain that right? It was also said by Justice Brennan that, ‘the deliberate extinguishment of human life by the State is uniquely degrading to human dignity.’

Our personal thoughts on the ruling is that, the death penalty is a deterrent for many criminals and is often perceived as social justice against people committing heinous crimes. The Supreme Court voted 7-2 in favor that the death penalty did not violate the 8th amendment. Justice Stewart wrote the majority opinion and he was joined by Justices Powell and Stevens. Justice Stewart writes that the death penalty for murder does not violate the 8th and or 14th amendments of the Constitution. He also says that since Furman v Georgia, 35 states have bettered their process for deciding the death penalty, Georgia being one of those states. Justice White later wrote a concurring opinion agreeing with Justice Stewart

Gregg vs Georgia was taken alongside 6 other cases pertaining to the death penalty, and all of them helped contribute something to the court's ruling on the death penalty. These cases led to the banning of death penalty for people performing acts of rape, the mentally ill, juveniles, and people committing felony murder. It also removed virtually all limitations on the presentation of mitigating evidence. It also requires courts to precisely present the jury the definition of aggravating factors, and require them to prove these factors beyond a reasonable doubt. This is a landmark case because it defined the death penalty as not “cruel and unusual” for certain crimes.