Analysis Of The Death Penalty: Gregg V. Georgia

“In a monumental 1972 decision by the US Supreme Court, all but a few death penalty statutes in the United States were declared unconstitutional” (Radelet & Borg, 2000,

This criminal code is one of the most sophisticated in the country and has become a model for other states to follow. But research studies conducted to compare effects of the death penalty nationwide have shown some conflicting results. Comparison studies done to show homicide rates of retentionist and abolitionist jurisdictions from 1999 to 2001 (Sorenson & Pilgrim) have shown that death penalty states tend to have a higher murder rate than abolitionist states. This result creates the argument of the overall deterrent effect of execution. Texas is still in the top 20 of states with the highest homicide rate even though it is the highest in death penalty executions. “If the death penalty were a deterrent, the argument goes, then Texas should be located among those states with the lowest homicide rates” (Sorenson & Pilgrim, P. 25).

Death penalty, or also known as capital punishment, today is still used. Many oppose many support it. In the case Furman v. Georgia, the death penalty was abolished. But not fully, because it is still used today. In 1991 more than 2,600 people awaited execution but only fourteen were executed. Capital punishment should be legal, and should be used more often.

In David M. Oshinsky’s book, Capital Punishment on Trial: Furman v. Georgia and the Death Penalty in Modern America, he discussed the case of Furman v. Georgia. He explores the controversy that capital punishment holds in the United States of America. The death penalty has been in practice for many

The Court found that Georgia’s system for applying the death penalty was “judicious” and “careful.” Gregg had gone through two trials – one to determine guilt and one for sentencing. Further, specific jury findings of “aggravating circumstances” were necessary to impose the death penalty. There was therefore no Eighth Amendment violation, and the death penalty was constitutional. The Court ruled, “The imposition of the death penalty for the crime of murder has a long history of acceptance in the United States (n.d.,Web).

This paper focuses in on one of those "junctures" - the death While the topic can be overwhelming and complex, it is important to study the racist institution of the death penalty because execution is the ultimate expression of which individuals are valued by our society and which are considered dispensable. What the US expresses through its executions carries some racist undertones when we look at the races of the persons being executed, but it takes on a clearly racial direction when we consider the race of the original murder victim. For example, "the most comprehensive study of the death penalty found that killers of whites were eleven times more likely to be condemned to death than killers of African- Americans."3 On the flip side, "only 31 of the over 18,000 executions in this country's history involved a white person being punished for killing a Black person."4 In capital punishment, we find the modernday counterpart to lynching. Of course, lynching often meant sporadic acts of individual racism. Selective killing today is an official, bureaucratized act of the state and therefore an official statement of what our government stands for. And what the government stands for is the most complete disempowerment possible - death - for a large number of Black individuals.

The death penalty is one of the most controversial issues on American soil. Blacks are more likely to face the death penalty than whites in the commission of identical crimes(CNN, 2014). The history of capital punishment dates back to the days before Christ. The Old Testament adage 'an eye for an eye, and a tooth for a tooth,' has survived throughout the ages despite the New Testament's rendition of 'thou shall not kill'. Today's American victims endure a more demure of style of cruel and unusual punishment; death by lethal injection has replaced the barbaric traditions of the past.

Following the decline in the support of the death penalty, a moratorium on executions began in 1972 during the case Furman v. Georgia. Furman argued that the death penalty was arbitrary and violated the constitution (Mallicoat and Brown 255-280). In a five to four vote, the Supreme Court

Matthew Bell 12/21/15 Criminal Justice Research paper Gregg v. Georgia Troy Gregg was charged with committing armed robbery and murder. The jury found him guilty of both and sentenced him to death. Gregg challenged his remaining death sentence for murder, appealing that his capital sentence was a cruel and unusual punishment that violated the Eighth and Fourteenth Amendments. Court's earlier ruling in Furman v. Georgia (1972) which struck down state systems that afforded juries sweeping discretion in imposing the death penalty would spell the end of capital punishment in the United States. Many states, including Georgia, however, responded to the Furman ruling by passing new death penalty laws. The Georgia General Assembly, however,

Immigration continues to grow through out Texas and so does politicians, however despite the growing population and growing supporters for Republicans, the death penalty does not. The death penalty has taken the lives of many criminals but does not continue to do so. Through out the nation, the death penalty

Gregg v. Georgia: Excerpts from the Majority Opinion used concrete facts to support their position on the death penalty. Using documented laws to create their position. The reversal of the 1972 ruling in 1976 to reinstate the death penalty. Making note that cruel and usual punishment was first documented in the 1689 bill of rights and the death penalty still qualifies (Boss, 2012. pp 262).

If the Supreme Court ever decided that capital punishment was unconstitutional, as a staunch opponent of the death penalty I would applaud the decision. Of course, the logical next question would be in the absence of the death penalty what sentence should be reserved for people found guilty of the most heinous crimes. I believe that life without the possibility of parole is a reasonable replacement and should not be abolished in the United States. Based on past cases such as Furman v. Georgia, I would presume that if the Supreme Court rules that capital punishment is unconstitutional it would be on the basis of the eight amendment. Because LWOP does not require the inmate to be put to death, it is inherently more humane then the death penalty

Death Penalty As stated by the Merriam-Webster Dictionary, capital punishment is defined as “the practice of killing someone as punishment for serious crimes.” such as murder or treason. The Furman V. Georgia case was the reason some states reinstated the death penalty. It consists of three black men committing gruesome crimes, two being rape and one being murder in Georgia and Texas. Currently, there is thirty-one states that have legalized the death penalty and nineteen that have abolished it. Five hundred forty death row inmates have been executed in Texas since 1974 post- Furman v. Georgia, leading our nation as the number one state with the most executions performed.

The death penalty is a crime that is fit for those who take the lives of other people, but it is also very costly over the years of trial.

Being sent to Death Row is the highest prosecution a criminal could be sentenced to and the process when determining of someone deserves a death sentence is a very bias decision. Since 1977 when capital punishment was restored there has been about 20,600 homicides and only about .7 death sentences for every 100 homicides has been given in the Cook county. The decision to impose a death sentence is not only based on the crime done but also the race of the victim. Attorneys at a state level has a less formal guide when giving death sentences. It is commonly seen how race plays a major role in the justice system. As apart of attorney protocol of determining if the death sentence is given it is seen black males will be given a higher sentence versus a white male even if the crimes where similar. In this article “Disparities on Death Row” published in Grumman points out the unjustness in the justice system. Through ethos, pathos, and logos Cornelia Grumman effectively persuades her audience to spread the issues of capital punishment assignment.