Georgia V. Gregg Case Study

Trisha Montoya Adju.102 Spring 2018- Case: Gregg vs Georgia. No. 74-6257 Argued 31Mar1976. Decided 02Jul1976. 428 U.S. 153. FACTS: In the case of Georgia vs Gregg, a jury found the defendant guilty of both armed robbery and murder. After robbing and killing two men, Gregg was tried, heard and convicted on two counts of murder and armed robbery. During sentencing, the judge found fair reasoning to recommend the jury the option of either a death sentence or a lifelong prison sentence on each of the two counts. The judge concluded that in this particular case, there were extenuating circumstances that showed the murder was found without a reasonable doubt, was cruel and inhumane to the victims and that the petitioner was also in the commission of another capital violation (armed robbery

This case helped clarify that the death penalty (capital punishment) is constitutional as long as the charges brought on by the conviction and the judicial proceedings do not violate the 8th amendment and in this case, the death penalty does not automatically violate. The penalty cannot be “excessive” and cannot be completely inappropriate for the severity of the crimes, and in this case, the crime itself was murder. The main impact was that the state of Georgia’s decision on capital punishment was constitutional as long as the procedures involved in the decision of the case didn’t violate the constitution (and the crime being tried was a severe crime in itself and that the penalty was not excessive in comparison to the crime committed) and in response, 35 of the state’s legislatures changed their death penalty statute, so that their state’s procedures could carefully and judiciously help aid in a jury reaching a decision on the death penalty following this case. Gregg was the first criminal tried by both state and supreme courts whose death sentence was upheld and not