Furman v. Georgia
408 U.S. 238 (1972)
Facts and Procedural History:
Petitioners (Furman, Jackson, and Branch-all black) were sentenced to death, one of them for murder, and two for rape in Georgia and Texas. Certiorari was granted to review decisions of the Supreme Court of Georgia, affirming the death penalty on defendants convicted of murder and rape, and the Court of Criminal Appeals of Texas, affirming death penalty for rape.
Issue Presented to the Court:
Would the imposition and carrying out of the death penalty constitute cruel and unusual punishment in violation of
Eighth and Fourteenth Amendments?
Outcome of the Case:
The Court held that the imposition and carrying out of the death penalty in these cases constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. There were nine separate opinions.
The Court reached this conclusion based on the evidence that the application of the penalty was unequal, often discretionary and haphazard. Some of the Justices in the majority noted that the death sentence has been disproportionately imposed and carried out on the poor, black, and the members of unpopular groups. The death penalty is unusual if it discriminates defendant by reason of his race, religion, wealth, social position, or class, or if it is imposed under a procedure that gives room for the play of such prejudices. The judgment in each case was therefore reversed insofar as it left undisturbed the death sentence imposed, and the cases were remanded for further proceedings.
Gregg v. Georgia
428 U.S. 153 (1976)
Facts and Procedural History:
Petitioner was sentenced to death for armed robbery and murder of two men in Georgia. On appeal the Georgia
Supreme Court affirmed except as to the imposition of a death sentence on robbery charges. The U.S. Supreme court granted certiorari.
Issue Presented to the Court:
Did imposition of death sentence for the crime of murder under the Georgia statute constitute "cruel and unusual" punishment in violation of the Eighth and Fourteenth Amendments?
Outcome of the Case:
Petitioner argued that the changes in Georgia's sentencing procedures after Furman have not removed the elements of arbitrariness and capriciousness, that the prosecutor's decisions in plea bargaining or in declining to charge capital murder are standardless and will result in the wanton or freakish imposition of the death penalty, and that certain statutory aggravating circumstances are too broad or vague.
The court holds that the punishment of death for the crime of murder does not, under all circumstances, violate the
Eighth and Fourteenth Amendments. The Eighth Amendment, according to “evolving standards of decency” forbids the use of punishment that is "excessive" either because it inflicts unnecessary pain or because it is grossly disproportionate to the severity of the crime. This does not mean, however, that a legislature is required to select the least severe penalty possible and that capital punishment for the crime of murder is invalid per se. Retribution and possibility of deterrence are permissible considerations in determining whether the death penalty should be imposed.
Thus, Georgia’s statutory system under which the punishment and guilt portions of the trial are bifurcated, with the jury hearing additional evidence and argument at the sentence phase, under which jury is instructed on statutory factors of aggravation and mitigation, and under which Georgia Supreme Court performs proportionality reviews, is constitutional. http://www.capitalpunishmentincontext.org/resources/casesummaries

Summaries of Key Supreme Court Cases Related to the Death Penalty
 Witherspoon v. Illinois , 391 U.S. 510 (1968): Jurors must be willing to impose the death penalty in order to sit on a capital jury.
 Furman v. Georgia , 408 U.S. 238 (1972): The application of the death penalty is unconstitutional.
 Gregg v. Georgia , 428 U.S. 153 (1976): The death penalty is constitutional.
 Woodson v. North Carolina , 428 U.S. 280 (1976): Mandatory death sentences violate the Eighth and
Fourteenth Amendments.
 Coker v. Georgia , 433 U.S. 584 (1977): Death sentences for the rape of an adult woman violate the Eighth
Amendment.
 Lockett v. Ohio , 438 U.S. 586 (1978): Death penalty statutes must allow consideration of mitigating evidence in addition to the circumstances of the offense in determining whether a defendant should be sentenced to death.
 Enmund v. Florida, 458 U.S. 782 (1982): Death sentences for individuals who did not intend to kill the victim violate the Eighth Amendment.
 Ford v. Wainwright, 477 U.S. 399 (1986): The Eighth Amendment prohibits the execution of a person who is insane and not aware of his execution or the reasons for it.
 Batson v. Kentucky, 476 U.S. 79 (1986): It is unconstitutional to exclude potential jurors solely on the basis of race.
 McCleskey v. Kemp, 481 U.S. 279 (1987): Statistical studies that show evidence of racial disparities in capital proceedings do not prove that an individual's death sentence is unconstitutional under the Eighth and Fourteenth
Amendments.
 Thompson v. Oklahoma, 487 U.S. 815 (1988): The execution of a person under the age of 16 at the time of the offense is a violation of the Eighth Amendment.
 Penry v. Lynaugh, 492 U.S. 302 (1989): It is not unconstitutional to execute a person with "mental retardation", however the Texas statute insufficiently allows jurors to consider "mental retardation" as a mitigating factor.
 Stanford v. Kentucky, 492 U.S. 361 (1989): The Constitution does not prohibit the execution of individuals who were 16 or 17 at the time of the offense.
 Herrera v. Collins, 506 U.S. 390 (1993): A defendant's claim of actual innocence does not entitle him to federal habeas relief.
 Atkins v. Virginia, 536 U.S. 304 (2002): The execution of a person with "mental retardation" violates the
Eighth Amendment.
 Wiggins v. Smith, 539 U.S. 510 (2003): The Sixth Amendment requires defense counsel to conduct mitigation investigations in capital cases.
 Roper v. Simmons, 543 U.S. 551 (2005): The Constitution prohibits the execution of individuals who were under 18 at the time of the offense. http://www.capitalpunishmentincontext.org/resources/casesummaries