In the 1976 Gregg v. Georgia case, the U.S Supreme court ruled the death penalty was not a cruel and unusual punishment upholding the constitution and confirming the majority opinion of the United States.
Bill of Rights of the United States of America 1791
The bill of rights are the first 10 amendments to the US Constitution. Written by James Madison, a member of the U.S. House of Representatives because some states wanted more protection of individual liberties and less governmental power.
Included in the Bill of Rights is Amendment VIII:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"
Included in the Bill of Rights is Amendment VIII:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"
Furman v. Georgia 1972
In 1972, the Supreme Court ruled that the systems of the death penalty as unconstitutional and in violation of part of the Eight Amendment “cruel
and unusual” punishments.
This was not a ruling against the death penalty, but how the death penalty was administered. Because of the random way the death penalty was applied, the judge said it was cruel and unusual in the same way that being struck by lighting is a cruel and unusual way to die.
Because of this ruling, the United States put a ban on capital punishment and 35 states changes their death penalty laws.
and unusual” punishments.
This was not a ruling against the death penalty, but how the death penalty was administered. Because of the random way the death penalty was applied, the judge said it was cruel and unusual in the same way that being struck by lighting is a cruel and unusual way to die.
Because of this ruling, the United States put a ban on capital punishment and 35 states changes their death penalty laws.
Gregg v. Georgia 1976
Troy Leon Gregg was tried and convicted of armed robbery and murder and sentenced to death in the state of Georgia.
He asked the Supreme Court to rule against the death penalty itself and not just the way it was administered. Gregg petitioned the state of Georgia saying the death sentence was "cruel and
unusual punishment, violating amendments eight and fourteen." (These amendments
basically stated: No cruel and unusual punishments and no State deprive any person of life, liberty, or property. ) This was important because the question of capital punishment had not been debated since the eighteen hundreds and it was evident that a large portion of the U.S. population believed the death sentence to be necessary punishment.
Gregg's appeal was argued on March 30th and 31st of 1976. Final judgment was
decided on July 2nd of 1976. The death sentence was upheld by the United States Supreme Court, Troy Leon Gregg lost the case and received the death sentence along with other capital offenders.
He asked the Supreme Court to rule against the death penalty itself and not just the way it was administered. Gregg petitioned the state of Georgia saying the death sentence was "cruel and
unusual punishment, violating amendments eight and fourteen." (These amendments
basically stated: No cruel and unusual punishments and no State deprive any person of life, liberty, or property. ) This was important because the question of capital punishment had not been debated since the eighteen hundreds and it was evident that a large portion of the U.S. population believed the death sentence to be necessary punishment.
Gregg's appeal was argued on March 30th and 31st of 1976. Final judgment was
decided on July 2nd of 1976. The death sentence was upheld by the United States Supreme Court, Troy Leon Gregg lost the case and received the death sentence along with other capital offenders.
The Supreme Court Ruling
The court proved that the capital punishment system was not randomly applied in Georgia and was “judicious” and “careful" so the 1972 Furman v. Georgia ruling would not apply.
The Court ruled, “ The imposition of the death penalty for the crime of murder
has a long history of acceptance both in the United States and in England…. At
the time the Eighth Amendment was ratified, capital punishment was a common
sanction in every State…” Finally, the Court said it could not overrule the
judgment of Georgia’s legislature as to the usefulness of the death penalty.
“Considerations of federalism, as well as respect for the ability of a
legislature to evaluate… the moral consensus concerning the death penalty and
its social utility as a sanction, require us to conclude, in the absence of more
convincing evidence, that the infliction of death as a punishment for murder is
not without justification and thus is not unconstitutionally severe.”
Because Gregg had two trials (one to determine guilt and one for sentencing) and that the specific jury findings of “aggravating circumstances” were necessary for the death penalty.
There was not a violation of the Eighth Amendment and the death penalty was constitutional.
The Court ruled, “ The imposition of the death penalty for the crime of murder
has a long history of acceptance both in the United States and in England…. At
the time the Eighth Amendment was ratified, capital punishment was a common
sanction in every State…” Finally, the Court said it could not overrule the
judgment of Georgia’s legislature as to the usefulness of the death penalty.
“Considerations of federalism, as well as respect for the ability of a
legislature to evaluate… the moral consensus concerning the death penalty and
its social utility as a sanction, require us to conclude, in the absence of more
convincing evidence, that the infliction of death as a punishment for murder is
not without justification and thus is not unconstitutionally severe.”
Because Gregg had two trials (one to determine guilt and one for sentencing) and that the specific jury findings of “aggravating circumstances” were necessary for the death penalty.
There was not a violation of the Eighth Amendment and the death penalty was constitutional.
Death Penalty Debate
Gregg's death sentence was the first sentence accepted by the U.S Supreme Court. Most people thought that the death penalty would be abolished as a result of this trial.
At the time thirty five states had enacted new statues that provided for the death penalty. This also re-opened the national debate of the death penalty.
Many people oppose capital punishment but some studies show 75 percent of Americans are for the death sentence. Some people against it say killing murderers does not teach people that killing is wrong and supporters says the punishment fits the crime.
Many convicted death row inmates have been freed from prison because of new evidence that found they were innocent.
At the time thirty five states had enacted new statues that provided for the death penalty. This also re-opened the national debate of the death penalty.
Many people oppose capital punishment but some studies show 75 percent of Americans are for the death sentence. Some people against it say killing murderers does not teach people that killing is wrong and supporters says the punishment fits the crime.
Many convicted death row inmates have been freed from prison because of new evidence that found they were innocent.