Preview

Supreme Court Case: Gregg V. Georgia

Better Essays
Open Document
Open Document
991 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Supreme Court Case: Gregg V. Georgia
Most people inhibit morals and hold different classes of ethics, which plays heavily in choosing between right and wrong or fair and unfair. These decisions grow more difficult as time goes on. When considering which Supreme Court case I wanted to research, the thought of picking the death penalty topic originally swayed me. I did not want to pick such a controversial subject, but I grew more and more intrigued as I read deeper into the case of Gregg vs. Georgia in 1976. The case stirred up many views about capital punishment and allowing a criminal to manipulate the wording of our country’s Constitution to refuse personal responsibility. Throughout the research and trying to form an opinion of the case, I wondered if the death penalty is: …show more content…
This violates the Eighth Amendment of the Constitution, which states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Gregg also claimed his verdict impeded his Constitutional civil rights under the Fourteenth Amendment. Since the Furman v. Georgia case a few years prior in 1972 required states to prove reasonable and fair cause to issue the death penalty, the Supreme Court lifted the de facto moratorium when Georgia, along with Florida and Texas at the time, created plans to determine reasonable and fair cause, to put forth the death penalty …show more content…
Should the death penalty be banned as a form of punishment? Balanced Politics (https://www.balancedpolitics.org/death_penalty.htm) illustrates proponents and opponent’s points of views. Select adversary viewpoints say “Financial costs to taxpayers of capital punishment is several times that of keeping someone in prison for life. It is barbaric and violates the "cruel and unusual" clause in the Bill of Rights. The endless appeals and required additional procedures clog our court system. Society needs to move away from the "eye for an eye" revenge mentality if civilization is to advance.” Some death penalty advocates say “The death penalty gives closure to the victim's families who have suffered so much. It creates another form of crime deterrent. Justice is better served. Our justice system shows more sympathy for criminals than it does victims.” https://www.balancedpolitics.org/death_penalty.htm Capital punishment comes with large amounts of gray area, so to say I am personally on one side or the either would be unfair. I believe in moving away from the “revenge mentality.” I also don’t believe murder victim’s families ever receive justice after losing a loved one. The death penalty teaches nothing, it’s just a means to an end. Repeating history lingers until society and law adapt better criminal punishment

You May Also Find These Documents Helpful

  • Better Essays

    The death penalty has always been a controversial topic in the United States. It is outlawed in 16 states, but it should be abolished in all fifty states. The act of the death penalty is irrational, costly, inhumane, and religiously immoral. Taking an individual’s life, because he/she murdered someone is senseless and is not a good representation of the United States.…

    • 1980 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Georgia v. Randolph is a landmark case pertaining to the search of a private resident without a search warrant where one resident gives law enforcement personnel consents to conduct a search and the other member objects. This particular case involved a married couple Scott and Janet Randolph, who were having marriage problems. Janet decided to leave Scott taking their son with her to Canada (Wood 2007 para 1). After being gone for a little over a month she and the child returned to the same residents where Scott had remained. One day shortly after her return, they got into an argument and Scott left the resident with their child in fear that she would take off again.…

    • 394 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    CCJ 200 Study Guide

    • 1354 Words
    • 6 Pages

    Gregg V. GeorgiaThe 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.…

    • 1354 Words
    • 6 Pages
    Satisfactory Essays
  • Good Essays

    Justice Stewart was the one to announce this opinion and did to write for Justice Powell, Stevens, and himself. Justice Stewart does believe that capital punishment is seen as ok in the public's eyes and should then be a valid legislative consideration (“Gregg V. Georgia. 428 U.S.153” Justia.org 154). The only way to impose the death penalty was to agree with three circumstances:…

    • 1330 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    In Furman vs. Georgia Furman was convicted of murder and two others for rape. “Juries had convicted Furman for murder and two other individuals for rape—all three were African American—and then imposed the death penalty.” (Source A). "Furman v. Georgia (1972)." American Government. ABC-CLIO, 2010. Web. 19 Apr. 2010. . The three pleaded that the death penalty is against the eighth amendment, which prohibits any man from suffering cruel and unusual punishment, and when Furman and his counterparts case reached the Supreme Court, the Supreme Court ruled the death penalty unconstitutional. “So the Court ruled for the first time that capital punishment violated the Eighth Amendment.” “All executions were put on hold following the decision.”(Source B). Hinds, Maurine. Furman v. Georgia and the DEATH PENALTY DEBATE. Berkely Heights, NJ: Enslow Publishers, Inc., 2005. 79-80. Print. The significance of Furman v. Georgia is that this case was the first case that was ruled violating the Eighth amendment and that it halted…

    • 362 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In my opinion, it should be abolished because doing an unjust thing to an unjust man does not make that thing justified. Murder is an unjust act because, based off of Glaucon’s definition of injustice, a healthy and sane person would never intentionally want someone else to kill them on purpose which means that society considers murder unjust. That is why, it should not go around killing people on purpose because by doing so it joins the ranks of criminals. In a way it is also kind of ironic because humanity calls murderers the “scum of society”, yet it thinks that by executing them it is a “hero”. However, people are judged by their actions, and killing another human being is about as profound as actions come. The death penalty is a lot like injustice because people want to commit injustices, but they don’t want unjust things done to them, which is like people wanting other people to be executed, but if they were the ones that were being killed then they wouldn’t want it. Whichever way you look at it, killing another human isn't humane, not even close, and when you get into the details it is simply vengeful and…

    • 962 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The drama itself took place against a complicated backdrop of ideology, self-interest, party politics, altruism, and ambition…

    • 865 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Furman V. Georgia

    • 1561 Words
    • 7 Pages

    Georgia. Was capital punishment a violation of the 8th Amendment’s prohibition of cruel and unusual punishment? The majority of the Court deemed it was not since “Capital punishment accords with contemporary standards of decency, capital punishment may serve some deterrent or retributive purpose that is not degrading to human dignity, and in the case of the Georgia law under review, capital punishment is no longer arbitrarily applied” (Gregg v. Georgia, 1976, p. 1). The difference between this case and Furman v. Georgia is that previously the Court had ruled that the death penalty methods as administered back then were unconstitutional, not the actual idea of the death penalty…

    • 1561 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Opponents of the practice most often utilize moral or legal grounds as the basis for their arguments or in some cases a combination of the two. Most often cited in the arguments against the use of the death penalty are the contentions that the use of the death penalty constitutes cruel and unusual punishment as prohibited by the Eighth Amendment to the U.S. Constitution. This argument is the one which was used in the 1972 case of Furman v. Georgia which alleged that Georgia’s death penalty statutes constituted cruel and unusual punishment and led to a temporary moratorium on the use of the death penalty until state legislatures came up with concise procedures, in the words of U.S. Supreme Court Justice Warren Burger, “legislative bodies may seek to bring their laws into compliance with the Court’s ruling by providing standards for juries and judges to follow in determining the sentence in capital cases or by more narrowly defining the crimes for which the penalty is to be imposed” (Banner…

    • 1187 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Gregg v. Georgia (1976) – A crucial ruling which upheld the use of the death penalty. Troy Leon Gregg was found guilty of murdering two people, during his trial he was sentence to death. However, Gregg would not have his sentence, he argued that the court decision was unconstitutional violating his eighth and fourteen amendments right. The case was sent to the supreme court, the problem that the supreme court face was whether or not what Gregg has done was worth sentence to death and if his sentence violated his rights.…

    • 1367 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Others contend that from a societal viewpoint the guilty party damaged the human privileges of the victim(s) and in this way should be considered responsible. The American legitimate framework, reflecting popular sentiment, holds that capital punishment in essence is not a human rights infringement. The U.S. Justice Court has held that capital punishment is not savage and uncommon discipline (Gregg v. Georgia, 1976), even while narrowing the relevance of capital punishment in specific circumstances (Atkins v. Virginia, 2002; Roper v. Simmons, 2005). The American legal system, reflecting public opinion, holds that the death penalty per se is not a human rights violation. The U.S. Supreme Court has held that the death penalty is not cruel and unusual punishment (Gregg v. Georgia, 1976), even while narrowing the applicability of the death penalty in certain situations (Atkins v. Virginia, 2002; Roper v. Simmons,…

    • 1353 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Furman V Georgia

    • 502 Words
    • 3 Pages

    For these and other reasons, at least two of my Brothers have concluded that the infliction of the death penalty is constitutionally impermissible in all circumstances under the Eighth and Fourteenth Amendments. Their case is a strong one. But I find it unnecessary to reach the ultimate question they would decide. See Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 347 (Brandeis, J., concurring).…

    • 502 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Georgia decision, Mandery reveals that Justice Stewart and White met and agreed to join the majority to repeal the death penalty. According to Mandery, White told Stewart that he will not vote against the death penalty on moral grounds, but will write an opinion if it’s struck down on procedural grounds only. The decision of Furman V. Georgia was a deemed unconstitutional because of it was arbitrary, which caused states to rewrite their laws about the use of capital punishment. Mandery explains that 37 states passed death penalty laws after the Furman decision. For example, some states made the death penalty mandatory for all capital offenses in order treat all murders the same. In addition, states adopted some guided discretion and aggravating factors for the use of the death penalty. After the decision of Furman V. Georgia, the public support for capital punishment rose and Mandery notes that this occurred because of the increase of violent crimes in…

    • 1037 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The expression "an eye for an eye, a tooth for a tooth" has taken on a whole new…

    • 1174 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Does it make sense to impose the death penalty? Reinstatement of the death penalty is a famous topic that has been argued across nations for many years. There is no right or wrong decision of whether or not to reinstate the death penalty because there are strong beliefs and opinions supporting either side. Even though there are strong beliefs and opinions supporting both sides, I still believe that death penalty should be imposed. The reason is that I believe everybody is responsible for their own actions and the person that committed a crime must be severely punished. I am also a believer of the current justice system. When our justice system found a person is guilty, there will be good amounts…

    • 1308 Words
    • 6 Pages
    Good Essays