t the death penalty (http://www.time.com/time/magagzine/archive/1994/940523.crime.html). The rule was a vote of 5 to 4 by the jury. The dissenting Justices argued that the courts had no right to challenge legislative judgment on the effectiveness and justice of punishments. The majority however held that it was not the actual death penalty that was cruel and unusual punishment, but rather the judicial process, which determined who would receive the death penalty sentence. This process violates the Eighth and Fourteenth Amendment. They decided some factors should be considered before giving a criminal this sentences such as a separate trial for sentencing, the viciousness of the crime, and environment factors like the criminal's background (http://www.time.com/time/magagzine/archive/1994/940523.crime.html). Due to the way this case was done it created three options for the use of the death penalty. The three options where, mandatory death sentences for certain crimes, development of standardized guidelines for juries and outright abolition (http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=[group+/pageitems=[body]). This was a stop to the death penalty until the case of Gregg Vs. Georgia, (428 U.S. 153). In this case the Georgia Supreme Court reviewed the rights of constitution and how the effected the death penalty. The defendant Gregg was convicted on two counts of armed robbery and two counts or murder in this case. 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, punishment of death does not invariably violate the constitution. So once again the death penalty was brought back into society. Although the death penalty was brought back into the nation is still needed to be fine-tuned. In the case of Th...
