Gregg v. Georgia
Tiffany Browne
Karisa Myers
2nd Hour
Historical Background



Troy Leon Gregg was found guilty of robbery
and a double murder. He was sentenced to
death.
He then appealed and the Georgia Supreme
Court confirmed his death sentence.
Gregg claimed his death sentence was “cruel
and unusual” punishment. He said that it
violated the 8th and 14th Amendments of the
Constitution.
Legal Question
Is sentencing someone to death prohibited under
the 8th and 14th Amendments as “cruel and
unusual” punishment?
Decision

NO!

7 to 2 vote in favor of the Georgia court.


The Court said that the punishment did not
violate the 8th and 14th Amendments, under all
circumstances.
Majority opinion written by Justice Potter
Stewart. It upheld “guided discretion” which
means to have two trials: first trial to convict
and the second to sentence/decide penalties.
In Favor
Against
In Favor: Burger, Stewart,
White, Blackmun, Powell,
Rehnquist, and Stevens.
Against: Brennan and
Marshall.
Precedent


The death penalty cannot be considered “cruel
and unusual” punishment. It does not violate
the 8th and 14th Amendments and will not in
future. “Guided Discretion” will be used in
death penalty cases.
This case is one of the five “Death Penalty
Cases.” The others are: Jurek v. Texas, Roberts
v. Louisiana, Proffitt v. Florida, and Woodson
v. North Carolina.
Public Support
Support


Interest groups that
are in favor of the
death penalty and
want to keep it would
support the decision
of Court.
Conservative interest
groups would more
likely be in favor.
Oppose


Interests groups that
oppose the death
penalty and want to
get rid of it would be
against the decision.
Ex. The National
Coalition to Abolish
the Death Penalty
(NCAPD)
What We Think
Judgment

We both agree with
the majority.
Justification


The 8th Amendment states
“excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and unusual
punishment inflicted.”
Gregg was convicted of armed
robbery and a double murder
therefore his actions were
punishable by death. We do not
consider it cruel and
punishment under those
circumstances.