Go to next caseIn this case the court upheld the constitutionality of the death penalty, defending statutes that guide judges and juries in the decision to issue the death sentence. The Court did, however, state that the madatory use of the death penalty would be prohibited under the Eighth Amendment as cruel and unusual punishment. The defendent in this case, Gregg, had been convicted on two counts of armed robbery and two counts of murder. The jury was instructed by the trial judge, who was following Georgia state law, to return with either a decision of life imprisonment or the death penalty. Justice Byron stated in his opinion that Gregg had failed in his burden of showing that the Georgia Supreme Court had not done all it could to prevent discriminatory practices in the forming of his sentence. This decision became the first time the Court stated that "punishment of death does not invariably violate the Constitution."
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