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Gregg v. Georgia
''Gregg v. Georgia'', ''Proffitt v. Florida'', ''Jurek v. Texas'', ''Woodson v. North Carolina'', and ''Roberts v. Louisiana'', , reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg. Referred to by a leading scholar as the ''July 2 Cases''〔See 〕 and elsewhere referred to by the lead case ''Gregg'', the Supreme Court set forth the two main features that capital sentencing procedures must employ in order to comply with the Eighth Amendment ban on "cruel and unusual punishments". The decision essentially ended the ''de facto'' moratorium on the death penalty imposed by the Court in its 1972 decision in ''Furman v. Georgia'' .
==Background==
All five cases share the same basic procedural history. After the ''Furman'' decision, the states of Georgia, Florida, Texas, North Carolina, and Louisiana amended their death penalty statutes to meet the ''Furman'' guidelines. Subsequently, the five named defendants〔This article provides information on the crime in ''Gregg.''〕 were convicted of murder and sentenced to death in their respective states. The respective state supreme court〔At the time Texas had (and still has) separate courts with final power of review over civil and criminal cases; the Texas Court of Criminal Appeals was (and remains) the court with final review power over criminal cases.〕 upheld the death sentence. The defendants then asked the U.S. Supreme Court to review their death sentence, asking the Court to go beyond ''Furman'' and declare once and for all the death penalty to be "cruel and unusual punishment" and thus in violation of the Constitution; the Court agreed to hear the cases.
In the ''July 2 Cases'', the Court's goal was to provide guidance to states in the wake of ''Furman''. In ''Furman'' only one basic idea could command a majority vote of the Justices: capital punishment, as then practiced in the United States, was cruel and unusual punishment because there were no rational standards that determined when it was imposed and when it was not. The question the Court resolved in these cases was not whether the death sentence imposed on each of the individual defendants was cruel, but rather whether the process by which those sentences were imposed was rational and objectively reviewable.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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