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The Case Of Gregg V. Georgia

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Gregg V Georgia
Background of the Case
Troy Gregg was found guilty and was charged in 1976, these charges included murder and armed robbery and he was sentenced to death. He murdered Fred Edward Simmons and Bob Durwood Moore. Fred and Bob gave Troy Gregg and another man a ride because Troy appeared to be hitchhiking. Gregg then shot both men and continued to rob them. After being caught by police he admitted to shooting the men, robbing, and stealing their car. Troy was found guilty and argued his case in front of the Supreme Court on March 31, 1976. Gregg thought that the death penalty was unfair and was a cruel and unusual punishment. Gregg used the Eighth and Fourteenth amendments to argue his stand against the ruling of the court.

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The issue in this case is whether the imposition of the sentence of death for the crime of murder under the law of Georgia violated the Eighth and Fourteenth Amendments. Gregg argued that the sentencing procedure allows for arbitrary grants of mercy that reflects a misinterpretation and ignores the reviewing authority of the Georgia Supreme Court to determine whether each death sentence is proportional to other sentencing for similar crimes. Gregg was pleading for a life sentence instead of death.Georgia argued that the statute did not constitute a cruel and unusual punishment and did not violate the Eighth and Fourteenth amendments. Georgia also argued and proved that there must be specific jury findings as to the circumstances of the crime to determine whether the death sentence was fair for the case. Georgia argued that he committed the murder for the purpose of receiving the victims money and automobile. Georgia also argued and attempted to prove that the murder was “outrageously and wantonly …show more content…

Greggs v Georgia was decided on July 2, 1976. The only two judges who voted in favor of the Gregg case were William J. Brennan, Jr. and Thurgood Marshall. Both also ruled unconstitutional in similar cases. Warren E. Berber, Bryon R. White, Harry A. Blackmun, Lewis F. Powell,Jr. William H. Rehnquist, John Paul Stevens, and Sandra Day O’Connor all voted in favor of Georgia. Justice Stewart's majority opinion declares that the “punishment of death for the crime of murder does not, under the circumstances, violate the eighth and fourteenth amendments”. Justice Brennan stated “a punishment must not be so severe as to be degrading to human dignity”. Justice White wrote concurrent opinions and were also supported by Justices Burger, Rehnquist, and Blackmun, reiterated the defense of the Georgia statute by which Gregg v Georgia was

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