*Gregg+v.+Georgia

LABEL EACH SECTION

LABEL THE PICTURE

Friday, July 2, 1976 1/1 1.5/2 1): //“//  // That the offense of murder was committed while the offender was engaged in the commission of two other capital felonies, to-wit the armed robbery of // [Simmons and Moore]”   2): //“That the offender committed the offense of murder for the purpose of receiving money and the automobile described in the indictment.”// 3): //“The offense of murder was outrageously and wantonly vile, horrible and inhuman, in that they involved the depravity of [the] mind of the defendant."// Tr. 476-477.
 * Summary ** : A jury found Troy Gregg guilty of two counts of armed robbery and two counts of murder, based off of the evidence that he robbed and killed two men. During the penalty stage, the NO CAPS Jury was instructed (by the Judge) to either sentence Gregg to death, or life in prison on each count. It was free to consider mitigating circumstances ( // In criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness – from //**// law.com //** ). EITHER PARAPHRASE OR USE QUOTATION MARKS The Jury was not allowed to consider sentencing Gregg to death, unless it first completely confided in certain evidence:

YOU DO NOT NEED TO QUOTE THIS WORD FOR WORD - YOU CAN PARAPHRASE IT IN YOUR OWN WORDS! THIS IS THE EASY WAY OUT

The Jury’s verdict: Death on each count. Upon review of the court transcripts, the Supreme Court backed the Jury’s conviction, and the Jury’s decision to the Death Sentence for murder. 4/5

Therefore the retainment of the death penalty was justificated.
 * Legal Issue: ** The death sentence rulings in Georgia were ruled unconstitutional (cruel and unusual, 8th amendment), because the Jury would give them out whenever they could, and whenever they felt like it. So Gregg v. Georgia was the first case to expound upon the new laws in Georgia concerning the death sentence. In the constitution, however, the death sentence for murder doesn't violate the eighth (and fourteenth) amendments. In a preceding case, Furman v. Georgia, the court refined Georgia Law to state: //"retains the death penalty for six categories of crime: murder, kidnapping for ransom or where the victim is harmed, armed robbery, rape, treason, and aircraft hijacking. 6 Ga. Code Ann. 26-1101, 26-1311, 26-1902, 26-2001, 26-2201, 26-3301 (1972). The capital defendant's guilt or innocence is determined in the traditional manner, either by a trial judge or a jury, in the first stage of a bifurcated trial."// (Caselaw.com) AGAIN THERE IS NO REASON TO QUOTE ALL OF THIS

YOU ARE GETTING INTO THE DECISION THAT IS BEING MADE WITHOUT FIRST MAKING CLEAR THE QUESTION - DOES THE DEATH PENALTY IN AND OF ITSELF VIOLATE THE 8TH AMENDMENT OF THE CONSTITUTION (CRUEL AND UNUSUAL PUNISHMENT)? 4/5


 * Decision or Holding:** The Supreme Court upheld Gregg's sentence, seven votes for Georgia, two votes against. BUT WHAT WAS THE RULING IN REGARDS TO THE DEATH PENALTY??? WHAT YOU DISCUSSED IN THE PREVIOIUS SECTION NEEDS TO BE HERE! 3/5

3/5
 * Significance:** This is practically the first death-sentence worthy case in Georgia courts since Furman v. Georgia, in 1972. The legal system got to take the new Statute (see "Legal Issue") for a spin. It worked out well enough, and the same set of rules are still in effect today. WHAT SET OF RULES? YOU ARE MISSING THE BIG IMPACT OF THE DECISION - MANY STATES HAD STOPPED USING THE DEATH PENALTY BECAUSE OF THE FURMAN V. GEORGIA DECISION, BUT THIS DECISION ONCE AGAIN ALLOWED STATES TO USE THE DEATH PENALTY AS LONG AS THEY PROPERLY EMPLOYED IT

The Oyez Project, Gregg v. Georgia ,  428 U.S. 153 (1976) available at: ([|http://oyez.org/cases/1970-1979/1975/1975_74_6257]) (retrieved Friday, November 20, 2009).
 * Citation:**

Findlaw.com, GREGG v. GEORGIA, 428 U.S. 153 (1976) Available at ([]) (Retrieved Friday, November 20, 2009). wwwlawcolumba.com, Gregg v. Georgia (1976) available at ([] (Retrieved Friday, November 20, 2009) 2/2

19/25 = 76% (D)

THIS WAS ONE OF THE MORE COMPLICATED CASES SO I UNDERSTAND IF YOU GOT MIXED UP IN SOME SPOTS. BUT YOU ARE MISSING THE MAIN REASON THIS CASE IS IMPORTANT! THIS CASE IS BASIS FOR THE DEATH PENALTY CURRENTLY BEING USED IN THE UNITED STATES