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. |