GREGG VS GEORGIA : CASE SUMMARY
The Supreme Court in Greg Vs Georgia (1976) held that capital punishment is not in violation of Eighth and Fourteenth Amendment in certain circumstances.
FACTS OF THE CASE
The Supreme Court in Furman Vs Georgia (1972) had declared death penalty unconstitutional as the procedure to award death penalty was arbitrary and capricious. Subsequent to this judgment, several States including State of Georgia reformed their death penalty statues.
Gregg was convicted of murder and armed robbery in State of Georgia. He was sentenced to death. Gregg argued that new Georgia Statute was also violative of Eighth and Fourteenth Amendment as it provided for arbitrary and capricious death penalty. The matter finally reached to the Supreme Court.
OPINION OF THE SUPREME COURT
The one of issues before the Supreme Court was whether death penalty is itself cruel and unusual punishment in violation of Eighth Amendment. The Supreme Court held that death penalty in itself is not in violation of Eighth Amendment. Death penalty is legitimate form of punishment in cases of heinous crimes like murder. The Supreme Court observed that death penalty has a long history in USA and have sanction of legislature as well as public at large. In cases of grievous offenses, the death penalty could be legitimate punishment and it can act as deterrence.
The Supreme Court noted that new Georgia Statute has sufficient procedural safeguards. Trials have been bifurcated into two parts -guilt phase and penalty phase. During the guilt phase determination of guilt of the accused is done while during penalty phase death penalty is pronounced weighing upon several factors. Guidelines have to be followed before awarding death sentence. Aggravating factors and mitigating factors have to considered. There was provision for automatic appellate review of the death sentences, which is further check on any arbitrary death penalty.
The Supreme Court was also of the view that death penalty will deter criminals in indulging in heinous crimes. The Supreme Court also recognized that retribution is also a goal of criminal justice system. Criminal should be punished in proportion to their wrongdoing was seen as fundamental part of criminal justice system.
DISSENTING OPINIONS
Justice Brennan and Justice Marshal dissented and observed that death penalty in itself is a cruel and unusual punishment and violative of Eighth Amendment of the Constitution in all circumstances.
IMPACT OF THE CASE
Greg Vs Georgia ended the moratorium of around four years on capital punishments after judgment of the Supreme Court in Furman Vs Georgia (1972). This judgment balanced the need of deterrence against crime required by society with individual rights protected under Eighth Amendment.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.