On November 20, 1973 hitch hiker Troy Leon Gregg was picked up by Fred Simmons and Bob Moore in Northern Florida. The next morning, Simmons and Moore were found in a ditch on the side of the highway with gunshot wounds in their heads. After information was relayed to the police by Dennis Weaver, who had traveled with the guys a short distance, Troy Gregg and traveling companion Floyd Allen were found in the stolen car just outside of Asheville, North Carolina (“Gregg v. Georgia (1976)”). After the police made Gregg sign a statement admitting to the murders of the two, he was tried in a bifurcated trial and found guilty of two counts of murder and armed robbery, thus deserving the death penalty. However his lawyers thought that the death …show more content…
Georgia, it was decided that the death penalty could only be inflicted on certain crimes that resulted in death of an individual, making Gregg’s death sentence constitutional. Furman v. Georgia argued that the death penalty as it was currently being given out violated the eighth amendment (“Furman v. Georgia (1972)”). Congress then changed the death penalty restrictions, limiting it to crimes “of air piracy that resulted in death” (Vile). This means that not every crime that was previously issued the death penalty was given it anymore, making the death penalty have a higher meaning. Gregg not only robbed Simmons and Moore but he killed them to. They were unarmed and it was a true act of extreme violence on Gregg’s part. He committed a capital offense of armed robbery and murder and deserved the death …show more content…
A bifurcated trial system was set up which consists of two phases, for bifurcated means divided. It is decided separately if the person on trial is guilty and what the penalty placed on the individual is (Vile). Each phase is subject can be to appeal too. In the first phase or the guilt phase, both sides submit evidence and argue whether or not the individual is guilty or not. In Gregg’s case, he had signed a waiver admitting to the killings and it was evident that he was guilty(“Gregg v. Georgia (1976)”). Next comes the sentencing phase in which the lawyers can submit even more evidence and argue for what the defendant’s sentence will be. Then it is left for the jury to decide what the final ruling will be. They have to believe that the defendant committed the crime beyond reasonable doubt to sentence them to death. Since the case went through the correct procedure, it does not violate the fourteenth amendment because Gregg did get equal protection of the law. He went through the same fair trial that every other individual goes through, and based on that, the death penalty is not
This case helped clarify that the death penalty (capital punishment) is constitutional as long as the charges brought on by the conviction and the judicial proceedings do not violate the 8th amendment and in this case, the death penalty does not automatically violate. The penalty cannot be “excessive” and cannot be completely inappropriate for the severity of the crimes, and in this case, the crime itself was murder. The main impact was that the state of Georgia’s decision on capital punishment was constitutional as long as the procedures involved in the decision of the case didn’t violate the constitution (and the crime being tried was a severe crime in itself and that the penalty was not excessive in comparison to the crime committed) and in response, 35 of the state’s legislatures changed their death penalty statute, so that their state’s procedures could carefully and judiciously help aid in a jury reaching a decision on the death penalty following this case. Gregg was the first criminal tried by both state and supreme courts whose death sentence was upheld and not
Overall, Stanley “Tookie” Williams did not deserve clemency. First, according to the article, “As a Criminal” it says “Williams scheduled to be executed at San Quentin State Prison Dec.13 for the shotgun murders of four people…” In other words Williams killed 4 people for what he was held in prison
The jury had the choice of sentencing Furman to life imprisonment or to death. It chose death.” ("Supreme Court Cases.") William Furman
he death penalty deters criminals and makes them think twice. This would happen because if they do something really horrible they won’t do it the first place. According to “Death Penalty Focus : Innocent and Condemned to Die: The Story of Greg Wilhoit” “A second trial was held in 1993, but after the prosecution presented their case (without the bite mark evidence) the judge issued a directed verdict of innocence and Greg was cleared of all charges.(Condemned 2016)This means that the trial had second thoughts that helped Greg win the trial. The article “Capital Punishment” claims that “ President Bill Clinton signs the Violent crime control and Law enforcement act that expands the federal death penalty to 60 crimes including 3 that don’t involve
After spending countless hours discussing the criminal court system in class and familiarizing myself with the content of Justice Hands’ quote, I have come to a conclusion that ties together a collection of opinions. The death penalty is an arbitrary and ineffective method of punishment that should only be used under one circumstance; if the defendant has been unequivocally found guilty of the murder he committed and would rather succumb to the death penalty than spend the rest of his life in prison without parole. There have been numerous cases throughout the years that have taken place where a defendant was denied his fifth and sixth amendment right to a lawyer and fair trial, and was left with no choice but to hold himself to deliver his own testimony. These circumstances can dramatically influence the outcome of a trial since it creates an unequal chance for the accused. For example, in both Gideon v. Wainwright and Argersinger v. Hamlin, both defendants were denied their right to a counsel.
During the punishment part of the trial, his first lawyer, who was provided for him, dropped out because he could not find any meaningful
Both men were successful in their appeals as a verdict of guilty could not be settled upon as the case was based on improbabilities and circumstantial evidence that could not lead to a definite
The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.
The Eighth Amendment is all about punishment. In the Amendment it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”, as well as allowing the Death Penalty. I believe this Amendment is right. Because of the fact that cruel and unusual punishment wouldn’t be fun, I believe the Death Penalty should be legal, and excessive fines would be crushing to our economy. Cruel and unusual punishment would not be fun.
He was found guilty for both the 2 counts of murder and two counts of robbery. They were given the choice to give the petitioner life in prison or thee death penalty. It was three main points the jury had to choose from. These three points are that the murder was committed while the offender was engaged in
6 in 10 americans favor the death penalty for convicted murderers. There is no question that killing another person is the most heinous crime that one can commit. Yes, most prisoners convicted in death row are murders but there has been cases where someone innocent has been wrongly executed. For example, of this failure is the case of Roosevelt Green, who was executed in Georgia for the kidnapping and murder of a young woman. According to author David Bruck, "Green swore that his companion shot her . . .
The 8th amendment clearly states that no one should be given a cruel and unjust punishment from the federal government. Because the killer could not think straight, this case is argued over whether or not the death penalty is too extreme for a man who can’t even control his
In this case the defendant’s sentence was death by
He believed that it could of not have been George due to his size at the crime scene there wasn’t any blood at the because he believed that the girls were killed elsewhere and then moved to the designated area. The prosecutors weren’t even crossed examined the judicial process leading to his execution has been extensively criticized, he was given a speedy trial not a fair one, his rights were violated by the 6th amendment and he had no effective defense. Within 83 days his arrest, confession, trial, conviction, and execution all
Willard and Cobb, who are account for multiple violent actions and racist insults, are very likely to commit the same or worse crimes. Even when they are in jail, there are low chances for them to learn their mistakes and rehabilitate. The criminals could be very influential in terms of promoting violence and racism. Crime rate is likely to increase if people learn that Willard and Cobb could easily get away from felonies and not pay for what they have done. Hailey does not deserve the capital punishment for killing two potential bombs; he has done an immediate and effective relief for the fear and anger aroused by those two in the