Gregg v. Georgia

Gregg v. Georgia, Supreme Court, 1976

Facts of the Case

Troy Leon Gregg was convicted of armed robbery and murder and sentenced to death under Georgia’s revised death penalty statute. This statute was designed to address the constitutional issues identified in Furman v. Georgia by implementing a bifurcated trial process, where the guilt and penalty phases were separate, and introducing specific aggravating and mitigating factors for juries to consider when deciding on the death penalty. Gregg challenged his death sentence, arguing that it still constituted cruel and unusual punishment.

Constitutional Question

Does the imposition of the death penalty under Georgia’s revised sentencing procedures violate the Eighth and Fourteenth Amendments as cruel and unusual punishment?

Arguments

For Gregg:

  • Despite the new procedures, the death penalty remains inherently cruel and unusual, violating the Eighth Amendment.
  • The risk of arbitrary and discriminatory application persists, even with the revised guidelines.
  • The death penalty serves no legitimate penological purpose that cannot be achieved by life imprisonment.

For Georgia:

  • The revised statute provides sufficient procedural safeguards to ensure that the death penalty is applied fairly and consistently.
  • The bifurcated trial process and consideration of aggravating and mitigating factors reduce the risk of arbitrary sentencing.
  • The death penalty serves as a deterrent to serious crimes and provides retribution for heinous offenses.

The Decision

The Supreme Court, in a 7-2 decision, upheld the constitutionality of Georgia’s revised death penalty statute. The Court held that the death penalty itself is not inherently cruel and unusual punishment if applied in a careful and judicious manner. The Court found that Georgia’s bifurcated trial process and specific guidelines for jury consideration significantly reduced the risk of arbitrary and capricious sentencing. The majority opinion emphasized that the death penalty serves the societal purposes of retribution and deterrence and that the revised procedures provided sufficient safeguards to meet constitutional standards.

Significance

Gregg v. Georgia reaffirmed the constitutionality of the death penalty under certain conditions, effectively ending the moratorium on capital punishment imposed by the Furman decision. The ruling established that states could impose the death penalty as long as they implemented procedures to ensure that sentencing was not arbitrary or discriminatory. This decision led to the reinstatement of the death penalty in many states and set the framework for modern capital punishment jurisprudence, emphasizing the importance of procedural safeguards in death penalty cases.