Greg v. Georgia (1976)

CASE BRIEF: GREGG V. GEORGIA 1. Title: Gregg v. Georgia 2. Citation: 428 U.S. 153 3. Year Decided: 1976 4. Judge (Justice/Judge): Chief Justice Warren E. Burger 5. Facts: The Case Gregg v. Georgia was the Supreme Court case that established the death penalty, if it was appropriate to the charges brought about, and it does not violate the 8th or 14th Amendments. In the case the court held that the death penalty is not an act of cruel and unusual punishment and that it can be imposed, if randomness and uncertainty from the sentencing process (Carmen, 2010). Gregg and his friend were traveling and were picked up by two motorist whilst hitchhiking in Florida. The next day the two motorist were found dead in a ditch near Atlanta. The defendant Gregg was charged with two counts of first-degree murder and two counts of robbery. Gregg was tried and sentenced to death, he appealed the sentence. His appeal was based on the claim that the death penalty is a form of cruel and unusual punishment as a sentence for the crimes he had committed. This claim was based on an earlier case, Furman v. Georgia, in which the court ruled that capital punishment was a violation of the 8th and 14th amendments in respect to the crimes committed. The Georgia Supreme court affirmed the death penalty for the murders but overturned the penalty for the robberies. According to capital cases under Georgia law the case was a bifurcated trial; the trial had two stages: the guilt or innocence stage and the punishment stage (Carmen, 2010). 6. Procedural History:  Gregg was arrested in 1973, his case was the first to be heard under the new Georgia law system CASE BRIEF: GREGG V. GEORGIA     Gregg is then convicted on all charges (robbery and first-degree murder), and sentenced to death under the new system The case is sent to the Georgia Supreme Court where the decision is affirmed for the murder charges and overturned for the robbery charges Oral Argument: March 1976 Decided: July 1976 7. Issue: Does Georgia’s new system violate the 8th and 14th amendments as it relates to the death penalty? Is the death penalty a violation of our 8th and 14th amendments as “cruel and unusual punishment?” 8. Court Decision: Does Georgia’s new system violate the 8th and 14th amendments as it relates to the death penalty? No Is the death penalty a violation of our 8th and 14th amendments as “cruel and unusual punishment?” No In a 7-2 decision the Supreme Court stated that the death penalty could be justified in states that decide to use it and it does not violate the 8th and 14th as “cruel and unusual punishment”. 9. Holding: The sentencing of the death penalty does not automatically invalidate the 8th and 14th amendments. If the jury is given enough evidence and the death penalty is justifiable for the charges, then the death penalty is constitutional and does not violate the 8th or 14th amendment for cruel and unusual punishment. 10. Dissenting Opinion: In the dissenting opinions both Justice Brennan and Marshal question the morality of the death penalty. Brennan states that with the modern-day developments of society does not condone the death penalty and still argues that the death penalty is in violation of the 8th amendment as cruel and unusual punishment. Justice Marshal in agreement states that the death penalty is unwarranted, and the majority would reject it as “morally acceptable” if they had adequate information. 11. Case Significance: Steaming from the case of Furman v. Georgia where it was ruled that the death penalty was unconstitutional, The Gregg v. Georgia case was significant in upholding the legality of the death penalty as a punishment if all doubt and uncertainties were eliminated. It CASE BRIEF: GREGG V. GEORGIA also proved that the death penalty is not in violation of the 8th and 14th amendments as cruel and unusual punishment. It also made way for Georgia and other states to create statues that require a jury to find 1 of 10 justifiable or aggravating circumstances to sentence an offender to death, so it is lawful 12. Conclusions/Discussions/Policy Implications (your view): The court holds that the punishment of death for the crime of murder does not violate the 8th and 14th amendments. The 8th amendment, prohibits the use of punishment that is unwarranted either because it exacts unnecessary pain or because it is grossly disproportionate to the crime. This does not mean, that a legislature must select the least severe penalty possible and that the death penalty for murder is invalid. Retribution and possibility of deterrence are permitted thoughts in deciding whether the death penalty should be imposed. I agree with the decision in this case given the facts; the murder and armed robbing of two men is duly punishable by death and I feel justice was rightfully served! CASE BRIEF: GREGG V. GEORGIA Reference(s): Carmen, R., & Hemmens, C. (2015). Criminal Procedure: Law and Practice Tenth Edition. Cengage Learning. GREGG v. GEORGIA (1976). (n.d.). Retrieved April 27, 2019, from http://sites.gsu.edu/usconstipedia/gregg-v-georgia-1976-2/