Caused all pending death sentences to be reduced to life in prison
5-4 decision to strike down all death penalty schemes
In order to reinstate the death penalty states had to eliminate arbitrary and discriminatory effects (to satisfy the 8th amendment.)
It required consistency in the application of death penalty.
Led to a de facto moratorium on capital punishment.
The court decided that the death penalty in these cases was cruel and unusual punishment.
3 justices found that the death penalty as currently applied was cruel and unusual (racial bias against black defendants.)
2 justices thought that the death penalty in itself was cruel and unusual
gregg v. georgia
Reaffirmed the use of the death penalty (essentially ended the de facto moratorium imposed in Furman v Georgia.)
The court set two guidelines that must be followed in order to craft a constitutional capital sentencing scheme.
Must provide objective criteria to direct and limit the death sentencing discretion. The objectiveness of these criteria must in turn be ensured by appellate review of all death sentences.
Must allow the sentencer (whether judge or jury) to take into account the character and record of an individual defendant.
the Court found that the capital sentencing schemes of Georgia, Florida, and Texas, met these criteria but those of North Carolina and Louisiana did not.
Every death sentence first has an eligibility determination and then a selection of an eligible defendant for the death penalty. A defendant is eligible for the death penalty once the jury has concluded that he is a member of the class of criminals who have committed the most morally outrageous of crimes. An eligible defendant is then selected for the death penalty after the sentencer takes into account mitigating evidence about the character and record of the defendant in order to decide whether that individual is worthy of a death sentence.
Under the Georgia scheme, after the defendant was convicted of (or pleaded guilty to) a capital crime there was a hearing where the jury received additional evidence in aggravation and mitigation. In order for the defendant to be eligible for the death penalty, the jury needed to find the existence of one of ten factors:
The defendant has previously been convicted of a capital felony or has a history of committing serious felonies.
The capital felony was committed while the defendant was committing another capital felony.
The defendant created a grave risk of death to others.