Death Penalty Controversy

The Gregg vs Georgia (1976) case study is important because the state of Georgia was in the U.S. Supreme Court’s decision that capital punishment (the death penalty) was constitutional so long as the procedures involved in its execution did not oppose the Eighth Amendment to the Constitution. U.S. Supreme Court’s ruling in Gregg vs Georgia which involved a prosecution for a double murder committed in the development of a robbery. The ruling was rejected the legal argument that capital punishment in and of itself establish “cruel and unusual punishment” and thus disregard the Eighth Amendment of the Constitution.

At least as early as the year of 1735, since colonial times, capital punishment was employed by Georgia with recorded executions. Nine hundred and fifty executions were carried out by Georgia, before the year of 1976. Upholding in particular the death sentence imposed on Gregg, the approval of the death penalty's use in the United States was reaffirmed by the United States' Supreme Court by Gregg v. Georgia (1976). In order to comply with the 8th amendment band on unusual and cruel punishments, main features were set forth by the Supreme Court that must be employed by the capital sentencing procedures.

Some of the biggest opposers to capital punishment claim that it is unconstitutional and that is doesn’t comply with the “nor cruel and unusual punishments inflicted.” part of the 8th amendment. The fact that the United States is the only G7 nation that still practices capital punishment, that would fall under the “unusual” section of the 8th amendment. Also, the words of the 14th amendment state that “nor deny to any person within its jurisdiction the equal protection of the laws.”, in the court case Furman v. Georgia this was shown not to be the case. Furman was sentenced to the capital punishment, but he appealed it. Anthony G. Amsterdam who was assisting with the appeal claimed that Georgia’s death penalty violated the constitution by

In 1972, the Supreme Court ruled that the death penalty systems then in place were unconstitutional violations of the Eighth Amendment’s prohibition on “cruel and unusual” punishments. In response to the decision many states changed their death penalty systems. Four years later in Gregg v. Georgia (1976), the Court reaffirmed the death penalty as constitutional. Troy Gregg had been found guilty of murder and armed robbery and sentenced to death. He asked the Court to go further than it had in the Furman case, and rule the death penalty itself unconstitutional (n.d.,Web).

The Furman v. Georgia case has set a precedent on how the courts deal with the disputable issue that is capital punishment because it was the first time the Supreme Court addressed the problem. Both racism and the morality of the death penalty have been relatively controversial issues in the United States for several years. The Furman v. Georgia case conjoined both matters. The case declared that if capital punishment were to be used, it was going to be used for all the right reasons, not due to any prejudices or discrimination by reason of the Eighth and Fourteenth Amendments. Additionally, the case placed a moratorium on the death penalty because it was argued that the application of Furman’s sentencing would be an example of “cruel and unusual

Georgia case, one of the most influential cases on the death penalty, were still very fluid (Norton, 2015). In 1965, significantly more people opposed the death penalty (47%) than believed in its use (38%) (Norton, 2015). However, just four years later in 1969, the statistics were completely reversed – the percentage of people that believed in the death penalty was now at 48% while the proportion of those opposed its use was at 38% (Norton, 2015). Then, by 1970, in the last Harris Poll before the Furman decision, the opinions shifted even more and began to close the gap, which created even more confusion in such a polarizing debate (Norton,

The 1972 case of Furman v Georgia was seen as a complete victory for abolitionists at the time, but proved to be more complicated than it appeared. It said that the death penalty, as it was administered, violated the Eighth Amendments because it was cruel and unusual punishment and violated the Fourteenth Amendment because it did not guarantee equal protection under the law (Costanzo:18). The

(231) As far as capital punishment is concerned, the Eighth Amendment has been used to declare the death penalty invalid in numerous cases. Mandatory death penalties have repeatedly been found to violate the Eighth Amendment, and were first found to be unconstitutional in the cases of Roberts vs. Louisiana and Woodson vs. North Carolina. Arbitrary death sentences with no established criteria for application also violate the Eighth Amendment, as was ruled in the case of Furman vs. Georgia. In Furman vs. Georgia three cases had been brought to the Supreme Court concerning the death penalty and the racial biases present in the selection process.

Based on these rules, crimes such as rejecting the “God,” were punished by death. (Randa, 1997).In nineteenth century, many states decreased the number of their capital offenses and constructed state prisons. In 1834, Pennsylvania moved the execution law away from the public eye. In 1846, Michigan, another state of America, eliminated the death penalty for all offenses except betrayal. After all, Rhode Island and Wisconsin were two states that put end for all crimes. After years challenging, the elimination of death penalty except for some severe cases was approved in 1972.

The death penalty, also referred to as capital punishment, is when a criminal is sentenced to death for their offense. Capital offenses, crimes for which the death penalty can be used, include treason, espionage, and murder. Texas is the state that uses the death penalty most frequently. In the 1932 court case, Powell v. Alabama, it was ruled that counsel must be provided to the defendant if the defendant is indigent and facing the death penalty. In the 1972 Supreme Court case, Furman v. Georgia, the court under Chief Justice Warren E. Burger ruled that capital punishment was unconstitutional and violated the 8th amendment’s ban against cruel and unusual punishment unless a uniform application of the death penalty could be implemented. They believed that the use of the death penalty at that time was often discriminatory and haphazard. As a result of the courts decision, capital punishment was ruled illegal in 1976; however, In Gregg v. Georgia the court ruled that the death penalty was allowed but only if sentencing was delivered at the time of the trial and that the jury had heard and analyzed all evidence in a respectful and unbiased manner. Methods of execution condoned for use for capital punishment

1972, Furman v. Georgia. The opinion said, “[t]he Court holds that the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.”

Capital punishment, or death penalty, has been here for thousands of years around the world. Capital punishment is when a criminal or offender is convicted of a heinous crime and is then sentenced to death. Ancient Greece was one of the first civilizations to start using capital punishment, followed by the Romans and religions such as Christianity and Judaism. The death penalty was used on anyone who committed crimes such as female adultery, violence against a King, religious deviance, counterfeiting, and murder.

European colonists came to the America, they brought the tradition of capital punishment. Capital punishment came on North American shore with the British colonies. The first recorded capital punishment was established in the new colonies that execution was the Captain George Kendall in Jamestown colony in Virginal Unite State in 1608. First hanging execution to Kendall for being a spy for Spain. British law

The death penalty in the United States can be traced all the way to early American history when it was under the colonial rule of Britain. Though in early history the death penalty was used for even menial crimes such as burglary, capital punishment in the United States is currently used for only the most heinous crimes, such as first degree murder, rape, treason, or espionage. Because the nation was unified under similar Christian beliefs, there was no question of how death could be the worst punishment for the worst crimes. However, through diversified religions and a growing sensitivity to criminal rights, the death penalty is increasingly under more scrutiny in regards to the 8th amendment, which bans the implementation of cruel and unusual punishments. In Furman v. Georgia, three inmates challenged the legality of their sentences, bringing light to the questionable relationship between capital punishment and the Eighth Amendment. In order to appease this realization that the death penalty was too gruesome, many states have changed their execution methods from hangings and electrocution to lethal injections that create a more seemingly peaceful death. “In fact, death penalty opponents often argue against the use of lethal injections on the grounds that this method makes executions more palatable to the public by creating the appearance that the inmate is simply being put to sleep” (Radelet, Borg 54). However, though lethal injections are far less violent compared to

Pennsylvania was the first state that decided not to perform public executions in 1834. Michigan, during 1864, was the first state to partially abolish the death penalty. They only permitted the death penalty to be a punishment when the person committed treason. The electric chair was introduced by the end of the century and was the most preferred method of execution during that time. By 1924, cyanide gas was introduced in Nevada.