By: Lindsey Haney and Jessica Cunningham Gregg v. Georgia Gregg v. Georgia (1976) 428 U.S. 153 By: Lindsey Haney and Jessica Cunningham

Constitutional issue involved in the case: This case is all about the death penalty. The Constitutional issue involved in this case was also the Eighth and Fourteenth Amendments. Some question if the imposition of the death sentence is prohibited under the Amendments as “cruel and unusual” punishment.

Parties involved in the case: The parties involved in this case were Troy Leon Gregg and the state of Georgia.

Where the case took place: The case took place on March 31, 1976 and took place in the state of Georgia in the Georgia State Capitol.

National Supreme Court Events leading up to the case before the Supreme Court and the courts that heard this before getting to the Supreme Court Local district Court State Appellate Court State Supreme Court National Supreme Court

Historical Context The main impact of Gregg v. The State of Georgia was in the U.S. Supreme Court's decision that capital punishment (i.e., the death penalty) was constitutional so long as the procedures involved in its execution did not violate the Eighth Amendment to the Constitution. This changed the future for the death penalty and if it is technically right or not.

Supreme Court’s ruling A jury imposed the death sentence on Gregg (Defendant), after finding him guilty on charges of armed robbery and murder.

Reasoning given by the Supreme Court for making their decision Capital punishment does not violate the Eighth or Fourteenth amendments of the United States Constitution provided it is set forth in a carefully drafted statute that ensures the sentencing authority has adequate information and guidance in reaching its decision.

Opposing Viewpoints Troy Leon Gregg or his supporters would argue that despite Georgia’s development of a bifurcated death penalty system, Georgia’s application of the death penalty is still inconsistently and arbitrarily decided. Not only that, Gregg would further argue that his capital punishment is the violation of his Eighth and Fourteenth Amendment rights that protect against subjugation to cruel and unusual punishment.

Feelings about the ruling and why I feel that they made the right decision and the ruling was fair. I believe if you do something bad enough, like murdering someone or several people then it is fair enough for them to possibly get a death sentence if it is in the guidelines of the eighth and fourteenth amendments.

Own dissenting opinion and majority opinion The Supreme Court vote was 7-2 with the dissent being that the death penalty is unconstitutional and should not be implemented. B. Justice Thurgood Marshall wrote the opinion for the dissent. C. The dissenting opinion was that the death penalty is unconstitutional for two reasons. It is excessive If the American people were fully informed, then they would consider it to be morally unacceptable.

Cont. D. Justice White’s concurring opinion, which was supported in concurrence by Justices Burger, Rehnquist, and Blackmun, reiterated the defense of the Georgia statute by which Gregg v. Georgia was upheld. E. One opinion was for the death penalty while the other says it is unconstitutional and is a unusual and cruel. F. In a 7-2 decision, the court ruled that the death penalty could be upheld and impartially justified in states that decided to enforce it.

Significance of other court cases related to our case Proffitt v. Florida (1976) Jurek v. Texas (1976) Woodson v. North Carolina (1976) Roberts v. Louisiana (1976) McCleskey v. Kemp (1987) The cases above all reaffirmed the United States Supreme Court’s acceptance of the use of the death penalty. This is significant because we have the death penalty today because of these cases.