Gregg V. Georgia Case Study

Improved Essays
The case of Gregg v. Georgia starts with a man named Troy Gregg. Troy was imprisoned by the state of Georgia after he was found guilty of armed robbery and murdering two people in 1973. Following Gregg’s trial, the jury found Tory Gregg guilty and sentenced him to death. Troy challenged his remaining death sentence for murder, asked for an appeal, and claimed that his capital sentence was cruel and unusual punishment, in violation of the 8th amendment. The Georgia state court ruled that the death penalty was for murder. The case of Gregg v. Georgia was appealed to the Supreme Court. “With a 7 to 2 vote, the Supreme Court ruled that the death penalty did not violate the 8th and 14th amendment under all circumstances” (Gregg v. Georgia ,2015). …show more content…
Simmons. The case of Roper v. Simmons began in 1993, when a minor named Christopher Simmons, who purposed to commit burglary and murder by breaking and entering. Christopher entered the home of a female victim named Shirley Cook. Christopher robbed and murdered the female victim. Christopher was imprisoned by the state of Missouri after he was found guilty of armed robbery and murder in 1993. He was sentenced to death in 1993, when he was only 17. Christopher challenged his remaining death sentence for murder, asked for an appeal, and claimed that the execution of minors violates the prohibition of cruel and unusual punishment found in the 8th and 14th amendment. The Missouri state court ruled the death penalty for murder. A series of appeals followed the case to the state and federal courts that lasted until 2002, when the U.S. Supreme Court decided that the execution of the mentally ill and minors violated the 8th and 14th amendment. With the 5 to 4 vote, the Supreme Court ruled in favor of Simmons and set aside Simmons’ death sentence in favor of life in prison without eligibility for release. The Supreme Court ruled that the execution of minors is cruel and punishment prohibited by the 8th …show more content…
Simmons, I disagree with the Supreme Court’s decision in favor of Simmons. I believe that Simmons deserves the death penalty, there was no reason in Simmons’ claims and agreement about how the execution of minors violate the prohibition of cruel and unusual punishment. Yet, the defendant premeditated the crime and did not consider the victims’ life. The defendant enters into the victim’s home, robbed the victim, then tied up the victim and threw the victim off a bridge. In addition, the defendant stated that he assured that he would get away with the crime because he was minor. I found that this decision of the Supreme Court to very hypocritical because in the Stanford v. Kentucky case, the Supreme Court ruled that Stanford should be sent to the death penalty and did not have a problem executing a minor which violates the 8th and 14th amendment. The Supreme Court should have just sentences the defendant to the death

Related Documents

  • Improved Essays

    Cole Cannon Case Summary

    • 1192 Words
    • 5 Pages

    The Court felt that a mandatory life sentence for adults does not violate the Eight Amendment, but would be an unconstitutionally disproportionate punishment for children (Miller v. Alabama,…

    • 1192 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Crime Simmons Case Study

    • 1165 Words
    • 5 Pages

    The court looked back on the history of the execution of juveniles and found that the rates of capital punishment to juveniles had been reducing in frequency. To support the holding, the Courts also looked to other countries and how they handled the execution of juveniles guilty of murder. And found that many of the countries had discontinued the practice of the death penalty for minors. On a writ of certiorari to the Supreme Court of Missouri, Justice Stevens and Justice Ginsburg concurred that the evolving standards of decency do change our understandings of the Constitution and if the interpretation of the Amendment held when it was originally drafted it would allow for the execution of 7-year-old children today. Justice Scalia, Chief Justice and Justice Thomas dissented as they felt that the meaning of the Eighth Amendment should be “determined by the subjective views of the members of the court and like-minded foreigner”.…

    • 1165 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    This leads to the question: Does the State of Louisiana violate the Eight Amendment's ban on cruel and unusual punishment by imposing the death sentence for the crime of child rape? Jeffery L. Fisher is the defense attorney that is appealing on behalf of Patrick Kennedy. On the opening statement of Jeffery Fisher, he brought up a fact to the court that the United States has not executed any offender for rape in over forty years. Mr. Fisher had two arguments he wanted to address to the court.…

    • 575 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Review of Furman V. Georgia Furman v. Georgia Supreme Court decision sent a ripple through the standard way of thinking in the United States legal system, by causing a nationwide moratorium on capital punishment that lasted from 1972-1976. The ruling itself did not provide any new information, it only demonstrated what then general society already knew was true, it was only a first time it was affirmed in the court of law. This court ruling showed that the legal powers the be, were in greater part paying attention to what was going on and felt that they had a legal and moral duty to find as they did in stating that there had been an unjust means to which the death penalty had been utilized. There were three paramount cases that the Furman ruling was evaluated against, two for rape and one for murder, but subsequently the Eighth Amendment, which protects against “cruel and unusual punishment,” and the Fourteenth Amendment, which ensures due process under the law were each considered when the Supreme Court provided its findings on the matter. There were…

    • 842 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In Re Gault Case Essay

    • 592 Words
    • 3 Pages

    This case changed my outlook far as execution of juveniles. This case involved Simmons a young man that had a murder charge. I feel at age 17 you should be aware of our actions and with the fact that he bragged about the killing was an eye-opener to think of the possibility that this individual could have had mental issues or suffered some type of abuse as a youngster, that may have caused him to carry out this act of violence. I don’t feel he should have been executed due to these possibilities; however, a tough sentence should have been enacted. This case changed the development of sentencing anyone under the age of 18 to death it was ruled cruel and usual punishment.…

    • 592 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Hurst Court Case

    • 1018 Words
    • 5 Pages

    According to the petitioner, the jury had no considerable say in the fate of the defendant, but instead, “it was the court’s factual findings-not the jury’s- that authorize[d] the imposition of the death sentence” (Brief of Petitioner at 15). This violates case law under Ring v.…

    • 1018 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Time after time, generation after generation, there have always existed criminals. Burglars, drug dealers, captors, etc., but perhaps the most unforgivable of convicts are murderers. They "kill for the thrill", yet even more shocking is when the face behind the killer is that of an adolescent. What drives a child, who is still dependent on their parents for basic necessities, to kill another being? Whatever the reason may be, the consequences should be dire.…

    • 1555 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Powell V. Alabama Case

    • 808 Words
    • 4 Pages

    The Fourth, Fifth, Sixth, and Eighth Amendments were established to protect the rights of the suspected, the accused, criminal defendants and that of convicted criminals. There have been several instances of the course time where these protections of rights haven’t been upheld. An example of when these protections of rights have been neglected is the Powell v. Alabama in 1932. There are several things that made this particular case so different from that of other cases. The time period, the series of events in the case, and the doctrines that were established during this time period are just a few to mention.…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The death penalty and life without parole to a minor was already deemed unconstitutional because it violated the eighth amendment. Although Millers crime was excessive, judges should have taken these Supreme Court cases into…

    • 1439 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    8th Amendment Essay

    • 828 Words
    • 4 Pages

    Kentucky. It still prohibited the death penalty for juveniles under 16, but it state that the death penalty was legal for juveniles 16 or older. The Court looked only at the national consensus of the death penalty to assess society’s standard of decency; they were specifically looking to see if society believed that the death penalty was cruel and unusual punishment. As state statutes were split on the legality, the Court found that there was no one prominent view on the subject.…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    There comes a time in everyone 's life where they have been wronged by another person. Whether it was someone stealing another your lunch out of the company fridge or finding out your lover has been carrying out an affair behind there back, it is human nature to want to seek revenge. However, taking the highroad and turning the other cheek is the moral thing to do. What if someone killed your only child would that change anything on the matter? In the short story titled “Killings”, author Andre Dubus reflects the desire to seek revenge by appealing to the readers ethics, emotions, and by creating tension throughout the story.…

    • 708 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The United States Constitution consists of 27 amendments. Each amendment was written for a specific purpose. The three amendments that I believe are very important to the United States Constitution include the 8th amendment, the 4th amendment and the 13th amendment. These three amendments help to protect the rights of American citizens and make sure that all rights are equal. The 8th amendment prohibits excessive fines and bail, and prohibits cruel and unusual punishment.…

    • 1419 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The controversial debate on the Eighth Amendment has been going on years but recently the debate over age, race, mental retardation, and mental ill on whether who should receive the death penalty. Most states do not believe in executing a child, they believe a teenage committing a heinous crime still has time to grow and mature. The first Supreme Court case, Eddings v. Oklahoma (1982) dismissed the death sentence on this sixteen-year-old boy because the child is inexperience, less educated and has no appreciations of the consequences that may happen to him. Most children have anger…

    • 712 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    A Utilitarian Case For Capital Punishment On November 21, 1973, a man named Troy Leon Gregg murdered two men while hitchhiking in an attempted robbery in the mountains of Georgia. In the case Gregg v. Georgia, Gregg was sentenced to the electric chair by a Georgia Grand Jury and this decision was upheld by the US Supreme Court after many appeals. It was deemed that the death penalty does not violate the eighth amendment of the constitution that prohibits cruel and unusual punishment. Although Gregg escaped custody and was found dead one day prior to his execution, the decision reaffirmed the use of capital punishment in the United States.…

    • 2649 Words
    • 11 Pages
    Superior Essays
  • Improved Essays

    Juvenile’s brains are also not fully developed. This made it unconstitutional to sentence juveniles to life without the possibility of parole. I think this is a fair law because juveniles may be completely different once they hit adult hood, but the case of Miller V. Alabama made me feel differently. I still believe that he should be sentenced heavily. At the time of his crime he was fourteen, and fourteen year olds know that it is not right to murder someone.…

    • 1359 Words
    • 5 Pages
    Improved Essays

Related Topics