Gregg v Georgia
Amendments being violated
Amendment 8- Forbids exorbitant bails and fines and punishment that is unusual or cruel.
Amendment 14- Right to be free from discrimination in states to have due process of law, to have equal protection of the law
The Final Dissension
The 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.
- The scheme must allow the sentencer (whether judge or jury) to take into account the character and record of an individual defendant.