David A. Stein Riverdale Kingsbridge Academy Criminal Law /Criminal Procedure

Homework Assignment #53

8th Amendment Gregg v. Georgia

Instructions: Read the Gregg v. Georgia case and answer the following questions.

1. Why did Justice Stewart feel the death penalty was a part of American tradition and

custom in law enforcement?

2. How did the state legislatures response to the Furman decision support the contention

that society supports the death penalty?

3. What two purposes does the death penalty serve? Does the death penalty help to

fulfill those two purposes?

4. According to Stewart, in the Furman decision. Why was the death penalty law struck

down?

5. How did Georgia, according to Stewart, change its death penalty law to minimize the

risk of it being “wholly arbitrary and capricious”?

6. How did these changes in the law help the jury reach a better decision regarding the

death penalty?

7. How does the Georgia law requiring automatic appeal of all death sentences help

defendants in a death penalty case?

8. In comparing the Gregg Case to the Furman Case, why did Stewart feel the death

penalty was not in violation of 8th amendment?