gg court disputed the Furman courts findings that contemporary society rejected capital punishment. The Gregg court showed historical evidence that capital punishment was accepted by the Framers of the Constitution and by the Supreme Court itself, based in nearly two centuries of precedent. The Gregg court flatly rejected the Furman courts indication that legislative measures do not represent societys acceptance of capital punishment; according to the Gregg court, measures adopted by the people's chosen representatives weigh heavily in ascertaining contemporary standards. Specifically, the Gregg court referenced new statutes enacted by Congress and at least 35 states in the four years after the Furman decision as important evidence of wide popular appeal for the death penalty. Finally, the Gregg court pointed out that infrequent application of the death penalty does not indicate rejection, rather, it shows the prevailing sentiment that capital punishment be reserved for the most heinous of crimes.While the Gregg court agreed with the Furman court that a legislature should not be allowed to impose excessive punishment - excessive meaning that a punishment involves unnecessary infliction of pain, or is disproportionate to the crime - the Gregg court reasoned that a legislature is not required to select the least severe penalty possible. As opposed to the Furman court, the Gregg court found that state killing of a murderer was not disproportionate to the crime of murder. Given a focused and evenhanded application, societal acceptance of capital punishment, and that a legislature is not required to select a less severe punishment, the dignity of man was not compromised when a severe punishment was selected for a severe crime.In building their opinion, the Gregg court assigned greater importance to the goals of retribution and possible deterrence than did the Furman court. The Gregg court indicated that an ordered society that asks it...
