Gregg vs. GA

Troy Gregg was found guilty of two counts of armed robbery and murder in the state of Georgia. The jury was given the choice to either sentence Gregg to life in prison or sentence him to death. The jury chose the death penalty. Gregg claimed that his death sentence was both “cruel,” “unusual” and that it violated his eighth and fourteenth amendment rights.

 

The legal question in Gregg vs. GA was “Is the use of the Death Penalty prohibited under the eighth and fourteenth amendments as “cruel” and “unusual” punishment?

 

Gregg was able to argue this due to the previous court decision of Furman vs. Georgia. This case involved a man, who was convicted of murder, being sentenced to death. The legal question in this case was, does carrying out the death penalty constitute cruel and unusual punishment which violates the eighth and fourteenth amendments? In short, the court held that yes, in this case the death penalty could be considered cruel and unusual punishment. This was a very controversial decision that ended in a 5-4 vote.

 

Under this previous court decision, Gregg was able to argue that his sentencing to death was “cruel” and “unusual.”

 

In a 7-2 decision the court decided that Gregg’s death sentence was not a violation of the eighth and fourteenth amendments. The court held that when someone is found guilty of purposely killing another person then the death penalty may be considered.

 

Justice Stevens, Powell and Stuart all wrote the opinion. They concluded that murder does not violate the eighth and fourteenth amendment under every circumstance. They explained how the eighth amendment is flexible so that it may be interpreted in the best way possible as times change. As for the concerns expressed for the Furman vs. GA case, the justices held that the death penalty could not be imposed arbitrarily but can be met by a well drafted statute. The justices also found that the sentencing of Gregg under GA’s statutory system was constitutional.

 

I agree with both the decision and the opinion. Gregg intentionally took the lives of not one but two individuals. This was quite different from the Furman case where the murder was accidental. The option to sentence Gregg to death was completely justified in my opinion but I will say that second option of life in prison was another completely justifiable punishment. However as the years have passed more people are opposed to the death penalty. I believe that the eighth amendment being deemed “flexible” will constitute an increasing number of people to not be sentenced to death that otherwise would have in the present day or past. I think that the United States is actually on a path that leads to a judicial system that will never impose the death penalty and all these death penalty cases will be looked back upon with disgust.