Capital Punishment Laws example essay topic

Gregg vs. Georgia 1976 Introduction / Background: A Jury found Troy Gregg guilty of committing an armed robbery and murder. In accordance with Georgia law, the trial was in two stages, a guilt stage, and a sentencing stage. At the guilt stage of Georgia's bifurcated procedure, the jury found the petitioner guilty of two accounts armed robbery and murder. At the penalty stage, the judge instructed the jury that it could recommend either a death sentence or a life prison sentence on each count and the jury returned the verdict of death. Challenging his death sentence, Gregg claimed that his capital sentence was "cruel and unusual" punishment, violating the 8th and 14th amendment. Judicial Arguments: The primary question to be considered was if the imposition of the death sentence is prohibited under the Eighth and Fourteenth Amendments as 'cruel and unusual' punishment.

Similarly just a few years earlier in Furman vs. Georgia (1972) it was ruled that capital punishment laws were violating the 8th and 14th amendments because they failed to prevent arbitrary ruling, and unpredictable application. However, between 1972 and 1976, 35 states passed new statutes authorizing the death penalty. This raises questions of whether a state's rights are being imposed, and should there be a national capital punishment standard, or should each state deal with the issue on an individual basis? Decision: In a 7 to 2 vote the court chose to uphold the judicial system under which Troy Gregg was convicted.

It was found that the punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances. The cautious and judicious use of the death penalty may be found appropriate when used in extreme criminal cases, such as when a defendant has been convicted of deliberately killing. Justice Stewart stated that through American History, the majority of state legislatures have not found the death penalty to be cruel or unusual; moreover, the death penalty appears to be a "significant deterrent" for some. Impact: The Gregg decision indicated that capital punishment would be upheld by the Supreme Court. Nevertheless, its application would be slow, expensive, and rare because of the Court's insistence on procedural safeguards. In addition, this ruling appeared to reflect the intricate public views on the subject, most likely because the growth of violent crime was an increasing concern.

Conclusion (overall significance): In this case the court ruled that the death penalty was not cruel or unusual, but that procedural safeguards must be in place to prevent its arbitrary use. Clearly, the question of imposing the death penalty is always a difficult decision, with dissenting views on the protection of human dignity. Capital punishment remains because the courts have deemed that it is an appropriate means of social retribution against the most serious offenders.