Gregg v. Georgia

Gregg v. Georgia, 428 U.S. 153 (1976), is a landmark decision of the United States Supreme Court.

After Furman, Georgia enacted a new capital punishment statute that provided for a bifurcated trial (guilt phase and sentencing phase) and guided jury discretion through specified aggravating and mitigating circumstances. Troy Gregg was convicted of murder and sentenced to death under the new statute. He argued the death penalty was per se cruel and unusual.

Significance

Justice Stewart’s 7-2 opinion upheld the new Georgia statute and held that the death penalty is not per se unconstitutional under the Eighth Amendment. Capital punishment could be constitutional if administered under statutes that channel jury discretion and ensure individualized sentencing. The decision reinstated the death penalty in the United States and established the constitutional framework for capital punishment that continues today, requiring guided discretion, proportionality review, and consideration of mitigating evidence.

Category

US Federal Case Law