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Gregg v. Georgia, 428 U.S. 153 (1976)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/079-gregg-v-georgia

Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep428/usrep428153/usrep428153.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

In 1972, Furman versus Georgia had halted executions nationwide, with five justices finding the death penalty, as then administered, arbitrary and capricious. Thirty-five states rewrote their laws. Georgia's new statute split trials into a guilt phase and a sentencing phase, required the jury to find at least one aggravating circumstance, and provided automatic appeal. Troy Gregg was sentenced to death under it for robbing and murdering two men who had picked him up hitchhiking.

In a plurality opinion by Justices Stewart, Powell, and Stevens, the Court held that the punishment of death does not invariably violate the Constitution, and that Georgia's guided-discretion system answered the concerns of Furman. Four other justices agreed in the result.

Justices Brennan and Marshall dissented, each holding that capital punishment is always cruel and unusual. Executions resumed in January 1977. Gregg and its companion cases decided the same day built the framework of modern death-penalty law.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- Miranda v. Arizona, 384 U.S. 436 (1966) [as printed: Miranda v. Arizona, 384 U. S. 436 (1966); Opinion of the Court (Mr. Justice Stewart)] episode

- Furman v. Georgia, 408 U.S. 238 (1972) at 308 [as printed: Furman v. Georgia, supra, at 308; Dissent (Mr. Justice Marshall)] episode

- Brown v. State, 235 Ga. 644 (1975) at 647-650 [as printed: Brown v. State, 235 Ga. 644, 647-650, 220 S. E. 2d 922, 925-926 (1975); Opinion of the Court (Mr. Justice Stewart)] (episode link pending)

- Wilkerson v. Utah, 99 U.S. 130 (1879) at 136 (“[I]t is safe to affirm that punishments of torture . . . and all others in the same line of unnecessary cruelty, are forbidden by that amendment . . .”) [as printed: Wilkerson v. Utah, 99 U. S. 130, 136 (1879) (“[I]t is safe to affirm that punishments of torture . . . and all others in the same line of unnecessary cruelty, are forbidden by that amendment . . .”); Opinion of the Court (Mr. Justice Stewart)] (episode link pending)

- Weems v. United States, 217 U.S. 349 (1910) at 373 [as printed: Weems v. United States, 217 U. S. 349, 373 (1910); Opinion of the Court (Mr. Justice Stewart)] (episode link pending)

- Trop v. Dulles, 356 U.S. 86 (1958) at 100 (plurality opinion) [as printed: 183. See Trop v. Dulles, 356 U. S. 86, 100 (1958) (plurality opinion); Dissent (Mr. Justice Marshall)] (episode link pending)

- Robinson v. California, 370 U.S. 660 (1962) [as printed: Robinson v. California, 370 U. S. 660 (1962); Opinion of the Court (Mr. Justice Stewart)] episode

- Powell v. Texas, 392 U.S. 514 (1968) at 533 (plurality opinion) [as printed: Powell v. Texas, 392 U. S. 514, 533 (1968) (plurality opinion); Opinion of the Court (Mr. Justice Stewart)] (episode link pending)

(+31 more named aloud; see the website)

Full list of 236 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/079-gregg-v-georgia