Gregg v. Georgia and Ewing v. California Supreme Court Cases Essay Example
Gregg v. Georgia and Ewing v. California Supreme Court Cases Essay Example

Gregg v. Georgia and Ewing v. California Supreme Court Cases Essay Example

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  • Pages: 3 (592 words)
  • Published: February 18, 2022
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Gregg v. Georgia

Issue

A jury had found Gregg guilty of armed robbery and murder and had given him a death sentence. Gregg appealed and the Georgia Supreme Court subsequently set aside the death sentence on armed robbery but affirmed the sentence on the murder charges. Gregg challenged the remaining sentence for murder by arguing that his death sentence was cruel and unusual punishment and thereby violating the Eight and Fourteenth Amendments.

Rule

The court held that the death punishment did not violate the Eighth nor the Fourteenth Amendments under all the circumstances.

Application

The court determined that in the extreme criminal cases, such as if the defendant has deliberately killed another person, the judicious and careful use of the death penalty is appropriate. Additionally, the Georgia’s death penalty statutes had assured a careful and jud

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icious use of the death penalty by requiring that there should be a bifurcated proceeding. In such a proceeding, the trial and the sentencing are conducted on separate occasions. The specific jury findings as to the nature of the defendant and the severalty of the crime are given and the comparisons of the capital sentence’s circumstances with other preceding similar cases are also provided. The death penalty was also held on the grounds that it was not disproportionate to the crime of murder; it was rather an extreme punishment for the most extreme crimes.

Conclusion

This case expanded on the Furnam decision which had invalidated death penalty statutes in the U.S. The court determined that the death penalty was not unconstitutional per se, rather the states could come up with statutory provisions to guide the jury on the decision of imposing a death penalty like Georgia had done

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Such provisions satisfied the court that a decision to impose death sentence in one case and not the other was not entirely arbitrary.

Ewing v. California

Issue

Gary Ewing was arrested in 2000 for stealing from a golf pro shop three golf clubs. At the time of arrest, Ewing was on probation due to two earlier robbery convictions. Ewing was charged and sentenced for 25 years imprisonment under the California state’s three strike law. Ewing appealed the sentence all the way to the Supreme Court arguing that the three strike law violated the Eighth Amendment of the U.S constitution. The Eighth Amendment prohibits cruel and unusual punishments.

Rule

The supreme held that the California’s three strike law didn’t constitute a cruel and unusual punishment in that case, under the Eighth Amendment of the U.S constitution.

Application

To reach the conclusion, the Supreme Court on another earlier case which had held that the Eighth Amendment had a principle referred to as the ‘narrow proportionality principle’. This principle states that the harshness or degree of the punishment should be compared to the seriousness of the committed crime. The Supreme Court then determined that the Eighth Amendment did not mandate that the sentence given must be proportional to the crime committed; rather the punishment given must not be grossly disproportionate to the committed crime.

Conclusion

The Supreme Court held that Ewing’s sentence was justified by the California’s public-safety interest given that Ewing had a long history of serious crimes. Ewing was convicted of numerous crimes and even served nine sentences. Most of his crimes were even committed while on probation. The Supreme Court therefore, concluded that the sentence given to Ewing was not grossly disproportionate to the

crime he had committed and therefore, did not violate the Eighth Amendment.

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