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Gregg v Georgia
Transcript of Gregg v Georgia
Gregg was a man who was accused of two armed robberies and two murders. He was proven guilty by the Georgia State District Court&was given death. Gregg believed that the death penalty was cruel and unusual punishment and violated his 8th amendment rights. He took Georgia to supreme court.
G. Hughel Harrison: Gregg's attorney
G. Thomas Davis: Georgia's attorney
Criminal dispute, a civil one would be like when the kids wore the wristbands
This supreme court case took place in the Burger Supreme Court.
Burger, Stewart, White, Blackmun, Powell, Rehnquist&Stevens all voted against Gregg.
Brennan&Marshall voted in favor of Gregg.
The majority opinion was that the death penalty was not considered cruel&unusual punishment&therefor it does not violate 8th amendment or 14th amendment rights. The court decided death penalty can be used in extreme cases as long as it was used carefully&judiciouly.
Basically, the opposite of the majority opinion. Marshall and Brennan believed the death penalty did go against the constitution&counts as cruel and unusual.
Constitutional: Because the justices decided that death penalty did not go against the 8th amendment in the constitution.
Expanding or Limiting Gov't
The fact that the federal gov't can regulate the death penalty gives them a lot of power. Because they can possibly also slowly add other punishments to not be considered cruel and unusual that now are.
Equal Protection Clause: Gives every citizen protection of every law.
Gregg believed this right was being violated because he argued the death penalty was cruel&unusual punishment, so his 8th amendment rights would be being violated.
Jurek v Texas
In this case, Jurek argued that his death penalty was unconstitutional, but the supreme court decided it wasn't. He also thought that Texas' method was unconstitutional but the supreme court decided otherwise. In this case, he also believed his 8th amendment rights were violated. Also, the same justices voted for him
The supreme court decided that the death penalty didn't violate the 8th amendment rights. They decided the death penalty can be used as long as it is used properly. Gregg was given the death penalty for the murder cases, but not the robbery cases. this effects future cases because nobody else can fight the death penalty unless their state uses an unfair process.