Gregg v. Georgia

1976

Venue: SCOTUS

Facts: Gregg is sentenced to death for armed robbery and murder. He was properly mirandized, and then confessed.

Posture: Convicted in state court, sentenced to death. Appeals the sentence.

Issue: Is the death penalty constitutional?

Holding: Yes.

Rule: If a state wants to have this rule, it's OK.

Reasoning: Federalism, and also respect for the ability of a legislature. This represents the moral consensus of the community. Without more convincing evidence, we can't say it's unconstitutionally severe.

Precedent: we've got a long history of allowing the death penalty.

Text: it's in the constitution.

Policy: this prevents self-help.


Dicta: Marshall (dissenting): The public are largely ignorant of information regarding the death penalty-- why should we let their judgment reign supreme? The constitution should override popular sentiment.