The Death Penalty: Furman V. Georgia

On November 20, 1973 hitch hiker Troy Leon Gregg was picked up by Fred Simmons and Bob Moore in Northern Florida. The next morning, Simmons and Moore were found in a ditch on the side of the highway with gunshot wounds in their heads. After information was relayed to the police by Dennis Weaver, who had traveled with the guys a short distance, Troy Gregg and traveling companion Floyd Allen were found in the stolen car just outside of Asheville, North Carolina (“Gregg v. Georgia (1976)”). After the police made Gregg sign a statement admitting to the murders of the two, he was tried in a bifurcated trial and found guilty of two counts of murder and armed robbery, thus deserving the death penalty. However his lawyers thought that the death

Georgia, it was decided that the death penalty could only be inflicted on certain crimes that resulted in death of an individual, making Gregg’s death sentence constitutional. Furman v. Georgia argued that the death penalty as it was currently being given out violated the eighth amendment (“Furman v. Georgia (1972)”). Congress then changed the death penalty restrictions, limiting it to crimes “of air piracy that resulted in death” (Vile). This means that not every crime that was previously issued the death penalty was given it anymore, making the death penalty have a higher meaning. Gregg not only robbed Simmons and Moore but he killed them to. They were unarmed and it was a true act of extreme violence on Gregg’s part. He committed a capital offense of armed robbery and murder and deserved the death

A bifurcated trial system was set up which consists of two phases, for bifurcated means divided. It is decided separately if the person on trial is guilty and what the penalty placed on the individual is (Vile). Each phase is subject can be to appeal too. In the first phase or the guilt phase, both sides submit evidence and argue whether or not the individual is guilty or not. In Gregg’s case, he had signed a waiver admitting to the killings and it was evident that he was guilty(“Gregg v. Georgia (1976)”). Next comes the sentencing phase in which the lawyers can submit even more evidence and argue for what the defendant’s sentence will be. Then it is left for the jury to decide what the final ruling will be. They have to believe that the defendant committed the crime beyond reasonable doubt to sentence them to death. Since the case went through the correct procedure, it does not violate the fourteenth amendment because Gregg did get equal protection of the law. He went through the same fair trial that every other individual goes through, and based on that, the death penalty is not