gregg
georgia
argued
march
decided
july
petitioner
charged
committing
armed
robbery
murder
basis
evidence
killed
robbed
two
men
trial
stage
georgia
bifurcated
procedure
jury
found
petitioner
guilty
two
counts
armed
robbery
two
counts
murder
penalty
stage
judge
instructed
jury
recommend
either
death
sentence
life
prison
sentence
count
free
consider
mitigating
aggravating
circumstances
presented
parties
authorized
consider
imposing
death
sentence
unless
first
found
beyond
reasonable
doubt
murder
committed
offender
engaged
commission
capital
felonies
armed
robberies
victims
committed
murder
purpose
receiving
victims
money
automobile
murder
outrageously
wantonly
vile
horrible
inhuman
involved
depravity
mind
defendant
jury
found
first
second
aggravating
circumstances
returned
sentence
death
georgia
affirmed
convictions
reviewing
trial
transcript
record
comparing
evidence
sentence
similar
cases
upheld
death
sentences
murders
concluding
resulted
prejudice
arbitrary
factor
excessive
disproportionate
penalty
applied
similar
cases
vacated
armed
robbery
sentences
ground
inter
alia
death
penalty
rarely
imposed
georgia
offense
petitioner
challenges
imposition
death
sentence
georgia
statute
cruel
unusual
punishment
eighth
fourteenth
amendments
statute
amended
following
furman
georgia
held
violative
amendments
death
sentences
imposed
statutes
left
juries
untrammeled
discretion
impose
withhold
death
penalty
retains
death
penalty
murder
five
crimes
guilt
innocence
determined
first
stage
bifurcated
trial
trial
jury
trial
judge
must
charge
lesser
included
offenses
supported
view
evidence
upon
guilty
verdict
plea
presentence
hearing
held
judge
jury
hears
additional
extenuating
mitigating
evidence
evidence
aggravation
punishment
made
known
defendant
trial
least
one
specified
aggravating
circumstances
must
found
exist
beyond
reasonable
doubt
designated
writing
death
sentence
imposed
jury
cases
trial
judge
bound
recommended
sentence
review
death
sentence
automatic
state
must
consider
whether
sentence
influenced
passion
prejudice
arbitrary
factor
whether
evidence
supports
finding
statutory
aggravating
circumstance
whether
death
sentence
excessive
disproportionate
penalty
imposed
similar
cases
considering
crime
defendant
affirms
death
sentence
must
include
decision
reference
similar
cases
considered
held
judgment
affirmed
pp
affirmed
justice
stewart
justice
powell
justice
stevens
concluded
punishment
death
crime
murder
circumstances
violate
eighth
fourteenth
amendments
pp
eighth
amendment
interpreted
flexible
dynamic
manner
accord
evolving
standards
decency
forbids
use
punishment
excessive
either
involves
unnecessary
wanton
infliction
pain
grossly
disproportionate
severity
crime
pp
though
legislature
may
impose
excessive
punishment
required
select
least
severe
penalty
possible
heavy
burden
rests
upon
attacking
judgment
pp
existence
capital
punishment
accepted
framers
constitution
nearly
two
centuries
recognized
capital
punishment
crime
murder
invalid
per
se
pp
legislative
measures
adopted
people
chosen
representatives
weigh
heavily
ascertaining
contemporary
standards
decency
argument
standards
require
eighth
amendment
construed
prohibiting
death
penalty
undercut
fact
four
years
since
furman
supra
decided
congress
least
enacted
new
statutes
providing
death
penalty
pp
retribution
possibility
deterrence
capital
crimes
prospective
offenders
impermissible
considerations
legislature
weigh
determining
whether
death
penalty
imposed
said
georgia
legislative
judgment
penalty
necessary
cases
clearly
wrong
pp
capital
punishment
crime
murder
viewed
invariably
disproportionate
severity
crime
concerns
expressed
furman
death
penalty
imposed
arbitrarily
capriciously
met
carefully
drafted
statute
ensures
sentencing
authority
given
adequate
information
guidance
concerns
best
met
system
provides
bifurcated
proceeding
sentencing
authority
apprised
information
relevant
imposition
sentence
provided
standards
guide
use
information
pp
georgia
statutory
system
petitioner
sentenced
death
constitutional
new
procedures
face
satisfy
concerns
furman
since
death
penalty
imposed
must
specific
jury
findings
circumstances
crime
character
defendant
state
thereafter
reviews
comparability
death
sentence
sentences
imposed
similarly
situated
defendants
ensure
sentence
death
particular
case
disproportionate
petitioner
contentions
changes
georgia
sentencing
procedures
removed
elements
arbitrariness
capriciousness
condemned
furman
without
merit
pp
opportunities
georgia
scheme
affording
individual
defendant
mercy
whether
prosecutor
unfettered
authority
select
wishes
prosecute
capital
offenses
plea
bargain
jury
option
convict
defendant
lesser
included
offense
fact
governor
pardoning
authority
may
commute
death
sentence
render
georgia
statute
unconstitutional
petitioner
arguments
certain
statutory
aggravating
circumstances
broad
vague
lack
merit
since
need
given
overly
broad
constructions
already
narrowed
judicial
construction
one
provision
held
impermissibly
vague
georgia
petitioner
argument
sentencing
procedure
allows
arbitrary
grants
mercy
reflects
misinterpretation
furman
ignores
reviewing
authority
georgia
determine
whether
death
sentence
proportional
sentences
imposed
similar
crimes
petitioner
also
urges
scope
evidence
argument
considered
presentence
hearing
wide
desirable
jury
much
information
possible
makes
sentencing
decision
pp
georgia
sentencing
scheme
also
provides
automatic
sentence
review
georgia
safeguard
prejudicial
arbitrary
factors
case
vacated
petitioner
death
sentence
armed
robbery
excessive
penalty
pp
justice
white
joined
chief
justice
justice
rehnquist
concluded
georgia
new
statutory
scheme
enacted
overcome
constitutional
deficiencies
found
furman
georgia
exist
old
system
guides
jury
exercise
discretion
whether
impose
death
penalty
murder
also
gives
georgia
power
imposes
obligation
decide
whether
fact
death
penalty
administered
given
class
crime
discriminatory
standardless
rare
fashion
properly
performs
task
assigned
georgia
statutes
death
sentences
imposed
discriminatory
reasons
wantonly
freakishly
given
category
crime
set
aside
petitioner
wholly
failed
establish
georgia
failed
properly
perform
task
instant
case
incapable
performing
task
adequately
cases
thus
death
penalty
may
carried
georgia
legislative
scheme
consistently
furman
decision
pp
petitioner
argument
prosecutor
decisions
plea
bargaining
declining
charge
capital
murder
standardless
result
wanton
freakish
imposition
death
penalty
condemned
furman
without
merit
assumption
made
prosecutors
motivated
charging
decisions
factors
strength
case
likelihood
jury
impose
death
penalty
convicts
standards
prosecutors
decide
whether
charge
capital
felony
jury
decide
questions
guilt
sentence
pp
petitioner
argument
death
penalty
however
imposed
whatever
crime
cruel
unusual
punishment
untenable
reasons
stated
justice
white
dissent
roberts
louisiana
post
justice
blackmun
concurred
judgment
see
furman
georgia
blackmun
dissenting
burger
dissenting
powell
dissenting
rehnquist
dissenting
hughel
harrison
appointment
argued
cause
filed
brief
petitioner
thomas
davis
senior
assistant
attorney
general
georgia
argued
cause
respondent
brief
arthur
bolton
attorney
general
robert
stubbs
ii
chief
deputy
attorney
general
richard
chambers
deputy
attorney
general
john
ballard
assistant
attorney
general
bryant
huff
solicitor
general
bork
argued
cause
amicus
curiae
brief
deputy
solicitor
general
randolph
william
james
assistant
attorney
general
argued
cause
state
california
amicus
curiae
brief
evelle
younger
attorney
general
jack
winkler
chief
assistant
attorney
general
jack
greenberg
james
nabrit
iii
peggy
davis
anthony
amsterdam
filed
brief
legal
defense
educational
fund
amicus
curiae
urging
reversal
arthur
michaelson
filed
brief
amnesty
international
amicus
curiae
judgment
opinion
justice
stewart
justice
powell
justice
stevens
announced
justice
stewart
issue
case
whether
imposition
sentence
death
crime
murder
law
georgia
violates
eighth
fourteenth
amendments
petitioner
troy
gregg
charged
committing
armed
robbery
murder
accordance
georgia
procedure
capital
cases
trial
two
stages
guilt
stage
sentencing
stage
evidence
guilt
trial
established
november
petitioner
traveling
companion
floyd
allen
hitchhiking
north
florida
picked
fred
simmons
bob
moore
car
broke
continued
north
simmons
purchased
another
vehicle
cash
carrying
still
florida
picked
another
hitchhiker
dennis
weaver
rode
atlanta
let
short
time
later
four
men
interrupted
journey
rest
stop
along
highway
next
morning
bodies
simmons
moore
discovered
ditch
nearby
november
reading
shootings
atlanta
newspaper
weaver
communicated
gwinnett
county
police
related
information
concerning
journey
victims
including
description
car
next
afternoon
petitioner
allen
simmons
car
arrested
asheville
search
incident
arrest
pistol
later
shown
used
kill
simmons
moore
found
petitioner
pocket
receiving
warnings
required
miranda
arizona
signing
written
waiver
rights
petitioner
signed
statement
admitted
shooting
robbing
simmons
moore
justified
slayings
grounds
next
day
transferred
lawrenceville
petitioner
allen
taken
scene
shootings
upon
arriving
allen
recounted
events
leading
slayings
version
events
follows
simmons
moore
left
car
petitioner
stated
intended
rob
petitioner
took
pistol
hand
positioned
car
improve
aim
simmons
moore
came
embankment
toward
car
petitioner
fired
three
shots
two
men
fell
near
ditch
petitioner
close
range
fired
shot
head
robbed
valuables
drove
away
allen
medical
examiner
testified
simmons
died
bullet
wound
eye
moore
died
bullet
wounds
cheek
back
head
testified
men
several
bruises
abrasions
face
head
probably
sustained
either
fall
ditch
dragged
pushed
along
embankment
although
allen
testify
police
detective
recounted
substance
allen
statements
slayings
indicated
directly
allen
made
statements
petitioner
admitted
allen
account
accurate
petitioner
testified
defense
confirmed
allen
made
statements
described
detective
denied
truth
ever
admitted
accuracy
indicated
shot
simmons
moore
fear
testifying
attacked
allen
one
wielding
pipe
knife
trial
judge
submitted
murder
charges
jury
theories
also
instructed
issue
declined
instruct
manslaughter
submitted
robbery
case
jury
theory
lesser
included
offense
robbery
intimidation
jury
found
petitioner
guilty
two
counts
armed
robbery
two
counts
murder
penalty
stage
took
place
jury
neither
prosecutor
petitioner
lawyer
offered
additional
evidence
counsel
however
made
lengthy
arguments
dealing
generally
propriety
capital
punishment
circumstances
weight
evidence
guilt
trial
judge
instructed
jury
recommend
either
death
sentence
life
prison
sentence
count
judge
charged
jury
determining
sentence
appropriate
jury
free
consider
facts
circumstances
presented
parties
mitigation
aggravation
finally
judge
instructed
jury
authorized
consider
imposing
penalty
death
unless
first
found
beyond
reasonable
doubt
one
aggravating
circumstances
one
offense
murder
committed
offender
engaged
commission
two
capital
felonies
armed
robbery
simmons
moore
two
offender
committed
offense
murder
purpose
receiving
money
automobile
described
indictment
three
offense
murder
outrageously
wantonly
vile
horrible
inhuman
sic
involved
depravity
mind
defendant
tr
georgia
affirmed
convictions
imposition
death
sentences
murder
reviewing
trial
transcript
record
including
evidence
comparing
evidence
sentence
similar
cases
accordance
requirements
georgia
law
concluded
considering
nature
crime
defendant
sentences
death
resulted
prejudice
arbitrary
factor
excessive
disproportionate
penalty
applied
similar
cases
death
sentences
imposed
armed
robbery
however
vacated
grounds
death
penalty
rarely
imposed
georgia
offense
jury
improperly
considered
murders
aggravating
circumstances
robberies
considered
armed
robberies
aggravating
circumstances
murders
granted
petitioner
application
writ
certiorari
limited
challenge
imposition
death
sentences
case
cruel
unusual
punishment
violation
eighth
fourteenth
amendments
ii
considering
issues
presented
necessary
understand
georgia
statutory
scheme
imposition
death
penalty
georgia
statute
amended
decision
furman
georgia
retains
death
penalty
six
categories
crime
murder
kidnaping
ransom
victim
harmed
armed
robbery
rape
treason
aircraft
hijacking
code
ann
capital
defendant
guilt
innocence
determined
traditional
manner
either
trial
judge
jury
first
stage
bifurcated
trial
trial
jury
trial
judge
required
charge
lesser
included
offenses
supported
view
evidence
sims
state
see
linder
state
app
verdict
finding
plea
guilty
capital
crime
presentence
hearing
conducted
whoever
made
determination
guilt
sentencing
procedures
essentially
bench
jury
trials
hearing
judge
jury
shall
hear
additional
evidence
extenuation
mitigation
aggravation
punishment
including
record
prior
criminal
convictions
pleas
guilty
pleas
nolo
contendere
defendant
absence
prior
conviction
pleas
provided
however
evidence
aggravation
state
made
known
defendant
prior
trial
shall
admissible
judge
jury
shall
also
hear
argument
defendant
counsel
prosecuting
attorney
regarding
punishment
imposed
supp
assessment
appropriate
sentence
imposed
judge
also
required
consider
include
instructions
jury
mitigating
circumstances
aggravating
circumstances
otherwise
authorized
law
statutory
aggravating
circumstances
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supported
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scope
aggravating
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circumstances
delineated
statute
convicted
defendant
may
sentenced
death
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cases
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aircraft
hijacking
jury
trial
judge
cases
tried
without
jury
must
find
beyond
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doubt
one
aggravating
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sentence
death
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judge
finds
one
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supp
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death
jury
judge
must
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cases
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judge
bound
jury
recommended
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addition
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appellate
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cases
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made
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direct
review
georgia
appropriateness
imposing
sentence
death
particular
case
directed
consider
punishment
well
errors
enumerated
way
appeal
determine
whether
sentence
death
imposed
influence
passion
prejudice
arbitrary
factor
whether
cases
treason
aircraft
hijacking
evidence
supports
jury
judge
finding
statutory
aggravating
circumstance
enumerated
section
whether
sentence
death
excessive
disproportionate
penalty
imposed
similar
cases
considering
crime
defendant
supp
transcript
complete
record
trial
well
separate
report
trial
judge
transmitted
use
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sentence
supp
report
form
questionnaire
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elicit
information
defendant
crime
circumstances
trial
requires
trial
judge
characterize
trial
several
ways
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test
arbitrariness
disproportionality
sentence
included
report
responses
detailed
questions
concerning
quality
defendant
representation
whether
race
played
role
trial
whether
trial
judgment
doubt
defendant
guilt
appropriateness
sentence
copy
report
served
upon
defense
counsel
special
review
authority
may
either
affirm
death
sentence
remand
case
resentencing
cases
death
sentence
affirmed
remains
possibility
executive
clemency
iii
address
initially
basic
contention
punishment
death
crime
murder
circumstances
cruel
unusual
violation
eighth
fourteenth
amendments
constitution
part
iv
opinion
consider
sentence
death
imposed
georgia
statutes
issue
case
number
occasions
assumed
asserted
constitutionality
capital
punishment
several
cases
assumption
provided
necessary
foundation
decision
asked
decide
whether
particular
method
carrying
capital
sentence
allowed
stand
eighth
amendment
furman
georgia
never
confronted
squarely
fundamental
claim
punishment
death
always
regardless
enormity
offense
procedure
followed
imposing
sentence
cruel
unusual
punishment
violation
constitution
although
issue
presented
addressed
furman
resolved
four
justices
held
capital
punishment
unconstitutional
per
se
two
justices
reached
opposite
conclusion
three
justices
agreeing
statutes
invalid
applied
left
open
question
whether
punishment
may
ever
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hold
punishment
death
invariably
violate
constitution
history
prohibition
cruel
unusual
punishment
already
reviewed
length
phrase
first
appeared
english
bill
rights
drafted
parliament
accession
william
mary
see
granucci
cruel
unusual
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meaning
rev
english
version
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beyond
jurisdiction
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well
disproportionate
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involved
american
draftsmen
adopted
english
phrasing
drafting
eighth
amendment
primarily
concerned
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proscribing
tortures
barbarous
methods
punishment
earliest
cases
raising
eighth
amendment
claims
focused
particular
methods
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determine
whether
cruel
pass
constitutional
muster
constitutionality
sentence
death
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mode
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barbarous
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wilkerson
utah
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affirm
punishments
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unnecessary
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forbidden
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punishments
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involve
torture
lingering
death
see
also
louisiana
ex
rel
francis
resweber
second
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violate
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amendment
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unforeseeable
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execution
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amendment
barbarous
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outlawed
century
instead
amendment
interpreted
flexible
dynamic
manner
early
recognized
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vital
must
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wider
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mischief
gave
birth
weems
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clause
forbidding
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unusual
punishments
fastened
obsolete
may
acquire
meaning
public
opinion
becomes
enlightened
humane
justice
see
also
furman
georgia
powell
dissenting
trop
dulles
plurality
opinion
weems
addressed
constitutionality
philippine
punishment
cadena
temporal
crime
falsifying
official
document
punishment
included
imprisonment
least
years
one
day
chains
hard
painful
labor
loss
many
basic
civil
rights
subjection
lifetime
surveillance
although
acknowledged
possibility
cruelty
pain
may
present
challenged
punishment
rely
factor
rejected
proposition
eighth
amendment
reaches
punishments
inhuman
barbarous
torture
like
rather
focused
lack
proportion
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offense
penalties
offenses
amaze
formed
conception
relation
state
even
offending
citizens
practice
american
commonwealths
believe
precept
justice
punishment
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louisiana
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francis
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see
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mcgautha
california
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illinois
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approximately
year
furman
announced
total
estimated
despite
fractional
decrease
compared
number
murders
increased
three
years
immediately
following
furman
approximately
increase
almost
see
fbi
uniform
crime
reports
preliminary
annual
release
address
question
whether
taking
criminal
life
proportionate
sanction
victim
deprived
life
example
capital
punishment
imposed
rape
kidnaping
armed
robbery
result
death
human
view
expressed
members
concurred
judgments
see
douglas
brennan
dissenters
viewed
concern
basis
furman
decision
decisive
grievance
opinions
present
system
discretionary
sentencing
capital
cases
failed
produce
justice
selection
process
followed
rational
pattern
burger
dissenting
federal
rules
criminal
procedure
require
matter
course
presentence
report
containing
information
defendant
background
prepared
use
sentencing
judge
rule
importance
obtaining
accurate
sentencing
information
underscored
rule
direction
sentencing
afford
defendant
counsel
opportunity
comment
report
discretion
introduce
testimony
information
relating
alleged
factual
inaccuracy
contained
presentence
report
rule
indeed
hold
elsewhere
today
capital
cases
constitutionally
required
sentencing
authority
information
sufficient
enable
consider
character
individual
circumstances
defendant
prior
imposition
death
sentence
see
woodson
north
carolina
post
witherspoon
illinois
quoting
trop
dulles
plurality
opinion
see
also
report
royal
commission
capital
punishment
cmd
situations
concluded
jury
expected
consider
certain
evidence
one
issue
another
see
bruton
jackson
denno
jackson
considered
statute
provided
defendant
pleaded
guilty
maximum
penalty
life
imprisonment
defendant
chose
go
trial
maximum
penalty
upon
conviction
death
holding
statute
constitutionally
invalid
noted
inevitable
effect
provision
course
discourage
assertion
fifth
amendment
right
plead
guilty
deter
exercise
sixth
amendment
right
demand
jury
trial
provision
purpose
effect
chill
assertion
constitutional
rights
penalizing
choose
exercise
patently
unconstitutional
see
md
art
xv
trial
criminal
cases
jury
shall
judges
law
well
fact
see
also
md
code
art
maryland
judges
however
typically
give
advisory
instructions
law
jury
see
md
rule
wilson
state
md
see
mcgautha
california
report
royal
commission
capital
punishment
cmd
model
penal
code
proposes
following
standards
aggravating
circumstances
murder
committed
convict
sentence
imprisonment
defendant
previously
convicted
another
murder
felony
involving
use
threat
violence
person
time
murder
committed
defendant
also
committed
another
murder
defendant
knowingly
created
great
risk
death
many
persons
murder
committed
defendant
engaged
accomplice
commission
attempt
commit
flight
committing
attempting
commit
robbery
rape
deviate
sexual
intercourse
force
threat
force
arson
burglary
kidnapping
murder
committed
purpose
avoiding
preventing
lawful
arrest
effecting
escape
lawful
custody
murder
committed
pecuniary
gain
murder
especially
heinous
atrocious
cruel
manifesting
exceptional
depravity
mitigating
circumstances
defendant
significant
history
prior
criminal
activity
murder
committed
defendant
influence
extreme
mental
emotional
disturbance
victim
participant
defendant
homicidal
conduct
consented
homicidal
act
murder
committed
circumstances
defendant
believed
provide
moral
justification
extenuation
conduct
defendant
accomplice
murder
committed
another
person
participation
homicidal
act
relatively
minor
defendant
acted
duress
domination
another
person
time
murder
capacity
defendant
appreciate
criminality
wrongfulness
conduct
conform
conduct
requirements
law
impaired
result
mental
disease
defect
intoxication
youth
defendant
time
crime
ali
model
penal
code
proposed
official
draft
justice
brennan
noted
mcgautha
california
supra
dissenting
opinion
ven
state
notion
wise
capital
sentencing
policy
policy
implemented
formula
capable
mechanical
application
reason
give
guidance
called
upon
render
decision
system
standards
vague
fail
adequately
channel
sentencing
decision
patterns
juries
result
pattern
arbitrary
capricious
sentencing
like
found
unconstitutional
furman
occur
mcgautha
california
supra
held
due
process
clause
fourteenth
amendment
require
jury
provided
standards
guide
decision
whether
recommend
sentence
life
imprisonment
death
proceeding
separated
process
mcgautha
eighth
amendment
decision
extent
purported
deal
eighth
amendment
concerns
must
read
light
opinions
furman
georgia
ruled
death
sentences
imposed
statutes
left
juries
untrammeled
discretion
impose
withhold
death
penalty
violated
eighth
fourteenth
amendments
furman
overrule
mcgautha
clearly
substantial
tension
broad
reading
mcgautha
holding
view
furman
mcgautha
viewed
rationally
precedent
proposition
standardless
jury
sentencing
procedures
employed
cases
violate
due
process
clause
note
mcgautha
assumption
possible
devise
standards
guide
regularize
jury
sentencing
capital
cases
undermined
subsequent
experience
view
experience
considerations
set
forth
text
adhere
furman
determination
ultimate
punishment
death
issue
system
standardless
jury
discretion
violates
eighth
fourteenth
amendments
text
statute
enumerating
various
aggravating
circumstances
set
supra
see
moore
state
petitioner
argument
nothing
veiled
contention
furman
indirectly
outlawed
capital
punishment
placing
totally
unrealistic
conditions
use
order
repair
alleged
defects
pointed
petitioner
necessary
require
prosecuting
authorities
charge
capital
offense
whenever
arguably
capital
murder
refuse
plea
bargain
defendant
jury
refused
convict
even
though
evidence
supported
charge
verdict
reversed
verdict
guilty
entered
new
trial
ordered
since
discretionary
act
jury
nullification
permitted
finally
acts
executive
clemency
prohibited
system
course
totally
alien
notions
criminal
justice
moreover
unconstitutional
system
many
respects
vices
mandatory
death
penalty
statutes
hold
unconstitutional
today
woodson
north
carolina
post
roberts
louisiana
post
suggestion
jury
verdict
acquittal
overturned
defendant
retried
run
afoul
sixth
amendment
guarantee
double
jeopardy
clause
fifth
amendment
federal
system
also
unconstitutional
prohibit
president
deciding
act
executive
clemency
reprieve
one
sentenced
death
art
ii
light
limited
grant
certiorari
see
supra
review
vagueness
overbreadth
statutory
aggravating
circumstances
consider
whether
imprecision
renders
system
invalid
eighth
fourteenth
amendments
incapable
imposing
capital
punishment
arbitrariness
caprice
course
interpreting
florida
new
statute
florida
ruled
phrase
especially
heinous
atrocious
cruel
means
conscienceless
pitiless
crime
unnecessarily
torturous
victim
state
dixon
see
proffitt
florida
post
two
reported
cases
indicate
juries
found
aggravating
circumstances
based
cases
separate
statutory
aggravating
circumstance
also
found
georgia
explicitly
rely
finding
seventh
circumstance
upheld
death
sentence
see
jarrell
state
state
upheld
finding
defendant
committed
two
capital
felonies
kidnapping
armed
robbery
course
murder
jury
also
found
murder
committed
money
great
risk
death
bystanders
created
floyd
state
found
committed
capital
felony
armed
robbery
course
murder
petitioner
also
attacks
vague
noted
answering
overbreadth
argument
concerning
section
however
state
given
broad
reading
scope
provision
reason
think
juries
able
understand
see
supra
proffitt
florida
post
petitioner
also
objects
last
part
requires
great
risk
created
means
weapon
device
normally
hazardous
lives
one
person
state
focused
section
seems
reasonable
assume
great
risk
fact
created
likely
weapon
device
normally
hazardous
one
person
created
required
specify
opinion
similar
cases
took
consideration
supp
special
provision
made
staff
enable
compile
data
relevant
consideration
sentence
validity
supp
see
generally
supra
petitioner
claims
procedure
resulted
inadequate
basis
measuring
proportionality
sentences
first
notes
nonappealed
capital
convictions
life
sentence
imposed
cases
involving
homicides
capital
conviction
obtained
included
group
cases
georgia
uses
comparative
purposes
georgia
authority
consider
cases
see
ross
state
consider
appealed
murder
cases
life
sentence
imposed
think
petitioner
argument
establishes
georgia
review
process
ineffective
petitioner
complains
georgia
current
practice
using
cases
comparative
examination
practice
necessary
inception
new
procedure
absence
capital
cases
available
comparison
unconstitutional
justice
white
chief
justice
justice
rehnquist
join
concurring
judgment
furman
georgia
held
death
penalty
administered
georgia
unconstitutional
year
georgia
legislature
enacted
new
statutory
scheme
death
penalty
may
imposed
several
offenses
including
murder
issue
case
whether
death
penalty
imposed
murder
petitioner
gregg
new
georgia
statutory
scheme
may
constitutionally
carried
agree
may
new
georgia
statutory
scheme
person
convicted
murder
may
receive
sentence
either
death
life
imprisonment
code
ann
georgia
code
ann
supp
sentence
life
imprisonment
unless
jury
separate
evidentiary
proceeding
immediately
following
verdict
finds
unanimously
beyond
reasonable
doubt
least
one
statutorily
defined
aggravating
circumstance
aggravating
circumstances
offense
murder
rape
armed
robbery
kidnapping
committed
person
prior
record
conviction
capital
felony
offense
murder
committed
person
substantial
history
serious
assaultive
criminal
convictions
offense
murder
rape
armed
robbery
kidnapping
committed
offender
engaged
commission
another
capital
felony
aggravated
battery
offense
murder
committed
offender
engaged
commission
burglary
arson
first
degree
offender
act
murder
armed
robbery
kidnapping
knowingly
created
great
risk
death
one
person
public
place
means
weapon
device
normally
hazardous
lives
one
person
offender
committed
offense
murder
another
purpose
receiving
money
thing
monetary
value
murder
judicial
officer
former
judicial
officer
district
attorney
solicitor
former
district
attorney
solicitor
exercise
official
duty
offender
caused
directed
another
commit
murder
committed
murder
agent
employee
another
person
offense
murder
rape
armed
robbery
kidnapping
outrageously
wantonly
vile
horrible
inhuman
involved
torture
depravity
mind
aggravated
battery
victim
offense
murder
committed
peace
officer
corrections
employee
fireman
engaged
performance
official
duties
offense
murder
committed
person
escaped
lawful
custody
peace
officer
place
lawful
confinement
murder
committed
purpose
avoiding
interfering
preventing
lawful
arrest
custody
place
lawful
confinement
another
supp
important
aspect
new
georgia
legislative
scheme
however
provision
appellate
review
prompt
review
georgia
provided
every
case
death
penalty
imposed
assist
deciding
whether
sustain
death
penalty
georgia
supplied
every
case
report
trial
judge
form
standard
questionnaire
supp
questionnaire
contains
inter
alia
six
questions
designed
disclose
whether
race
played
role
case
one
question
asking
trial
judge
whether
evidence
forecloses
doubt
respecting
defendant
guilt
deciding
whether
death
penalty
sustained
given
case
shall
determine
whether
sentence
death
imposed
influence
passion
prejudice
arbitrary
factor
whether
cases
treason
aircraft
hijacking
evidence
supports
jury
judge
finding
statutory
aggravating
circumstance
enumerated
section
whether
sentence
death
excessive
disproportionate
penalty
imposed
similar
cases
considering
crime
defendant
ii
petitioner
troy
gregg
companion
floyd
allen
hitchhiking
florida
asheville
november
picked
automobile
driven
fred
simmons
bob
moore
drunk
car
broke
simmons
purchased
new
one
pontiac
using
part
large
roll
cash
picking
another
hitchhiker
florida
dropping
atlanta
car
proceeded
north
gwinnett
county
stopped
moore
simmons
urinate
car
simmons
shot
eye
moore
shot
right
cheek
back
head
died
result
november
basis
information
supplied
hitchhiker
petitioner
allen
arrested
asheville
possession
car
simmons
purchased
petitioner
possession
gun
killed
simmons
moore
taken
motel
room
petitioner
staying
new
stereo
car
stereo
player
gwinnett
county
police
arrived
petitioner
made
statement
admitting
killed
moore
simmons
asserting
killed
defense
allen
also
admitted
robbing
taking
car
moments
later
petitioner
asked
shot
moore
simmons
responded
god
wanted
dead
next
morning
petitioner
allen
released
custody
gwinnett
county
police
transported
two
cars
back
gwinnett
county
way
car
stopped
place
moore
simmons
killed
everyone
got
car
allen
asked
petitioner
presence
killing
occurred
said
sitting
back
seat
pontiac
half
asleep
woke
car
stopped
simmons
moore
got
soon
petitioner
turned
around
told
allen
get
going
rob
allen
said
got
walked
toward
back
car
looked
around
see
petitioner
gun
hand
leaning
car
get
good
aim
simmons
moore
gone
bank
relieved
coming
bank
petitioner
fired
three
shots
one
men
fell
staggered
petitioner
circled
around
back
approached
two
men
lying
ditch
behind
placed
gun
head
one
pulled
trigger
went
quickly
one
placed
gun
head
pulled
trigger
took
money
whatever
pockets
told
allen
get
car
drove
away
allen
finished
telling
story
one
officers
asked
petitioner
way
happened
petitioner
hung
head
said
officer
said
mean
shot
men
cold
blooded
murder
rob
petitioner
said
yes
officer
asked
petitioner
said
know
petitioner
indicted
two
counts
murder
two
counts
robbery
trial
petitioner
defense
killed
testified
behalf
told
version
events
similar
originally
told
gwinnett
county
police
confronted
letter
allen
recounting
version
events
similar
testified
instructing
allen
memorize
burn
letter
petitioner
conceded
writing
version
events
denied
writing
portion
letter
instructed
allen
memorize
burn
rebuttal
state
called
handwriting
expert
testified
entire
letter
written
person
jury
instructed
elements
murder
robbery
trial
judge
gave
instruction
refused
submit
lesser
included
offense
manslaughter
jury
returned
verdicts
guilty
counts
new
evidence
presented
sentencing
proceeding
however
prosecutor
attorney
petitioner
made
arguments
jury
issue
punishment
prosecutor
emphasized
strength
case
petitioner
fact
murdered
order
eliminate
witnesses
robbery
defense
attorney
emphasized
possibility
mistake
made
petitioner
guilty
trial
judge
instructed
jury
sentencing
function
submitted
three
statutory
aggravating
circumstances
stated
counts
one
three
wherein
defendant
charged
murders
found
guilty
murders
simmons
moore
following
aggravating
circumstances
consider
say
must
find
existed
beyond
reasonable
doubt
death
penalty
imposed
one
offense
murder
committed
offender
engaged
commission
two
capital
felonies
armed
robbery
simmons
moore
two
offender
committed
offense
murder
purpose
receiving
money
automobile
described
indictment
three
offense
murder
outrageously
wantonly
vile
horrible
inhuman
involved
depravity
mind
defendant
far
counts
two
four
counts
armed
robbery
found
defendant
guilty
may
find
inquire
aggravating
circumstances
offense
armed
robbery
committed
offender
engaged
commission
two
capital
felonies
murders
simmons
moore
offender
committed
offense
armed
robbery
purpose
receiving
money
automobile
set
forth
indictment
three
offense
armed
robbery
outrageously
wantonly
vile
horrible
inhuman
involved
depravity
mind
defendant
find
one
aggravating
circumstances
existed
beyond
reasonable
doubt
refer
individual
count
authorized
consider
imposing
sentence
death
find
one
aggravating
circumstances
existed
beyond
reasonable
doubt
either
counts
authorized
consider
penalty
death
event
sentence
counts
one
three
counts
wherein
defendant
found
guilty
murder
sentence
imprisonment
life
tr
appeal
georgia
affirmed
death
sentences
murder
counts
vacated
death
sentences
robbery
counts
concluded
murder
sentences
imposed
influence
passion
prejudice
arbitrary
factor
evidence
supported
finding
statutory
aggravating
factor
respect
murders
citing
several
cases
death
penalty
imposed
previously
murders
persons
witnessed
robbery
held
considering
crimes
defendant
comparing
evidence
sentences
case
previous
murder
cases
also
opinion
two
sentences
death
excessive
disproportionate
penalties
imposed
similar
cases
hereto
attached
although
indication
two
sentences
imposed
influence
passion
prejudice
arbitrary
factor
sentences
imposed
unusual
rarely
imposed
offense
thus
test
provided
statute
comparison
code
ann
must
considered
excessive
disproportionate
penalties
imposed
similar
cases
ibid
iii
threshold
question
case
whether
death
penalty
may
carried
murder
georgia
legislative
scheme
consistent
decision
furman
georgia
supra
furman
held
result
giving
sentencer
unguided
discretion
impose
impose
death
penalty
murder
penalty
imposed
discriminatorily
wantonly
freakishly
infrequently
given
death
sentence
cruel
unusual
petitioner
argues
furman
jury
still
sentencer
statutory
criteria
considered
jury
issue
sentence
georgia
new
statutory
scheme
vague
purport
event
circumstances
jury
required
impose
death
penalty
consequently
petitioner
argues
death
penalty
inexorably
imposed
discriminatory
standardless
rare
manner
imposed
scheme
declared
invalid
furman
argument
considerably
overstated
georgia
legislature
made
effort
identify
aggravating
factors
considers
necessary
relevant
question
whether
defendant
convicted
capital
murder
sentenced
death
jury
imposes
sentence
instructed
statutory
aggravating
factors
supported
evidence
told
may
impose
death
penalty
unless
unanimously
finds
least
one
factors
established
beyond
reasonable
doubt
georgia
legislature
plainly
made
effort
guide
jury
exercise
discretion
time
permitting
jury
dispense
mercy
basis
factors
intangible
write
statute
accept
naked
assertion
effort
bound
fail
types
murders
death
penalty
may
imposed
become
narrowly
defined
limited
particularly
serious
death
penalty
peculiarly
appropriate
georgia
reason
requirement
becomes
reasonable
expect
juries
even
given
discretion
impose
death
penalty
impose
death
penalty
substantial
portion
cases
defined
longer
said
penalty
imposed
wantonly
freakishly
infrequently
loses
usefulness
sentencing
device
therefore
reason
expect
georgia
current
system
escape
infirmities
invalidated
previous
system
furman
however
georgia
legislature
satisfied
system
might
also
might
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practice
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sentences
imposed
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consistency
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murders
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task
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justices
whose
opinions
necessary
result
performed
furman
namely
task
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whether
fact
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penalty
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class
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sentence
appeal
georgia
determine
whether
sentence
imposed
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penalty
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state
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sentence
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sentences
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case
georgia
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death
penalty
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imposed
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set
aside
sentences
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penalty
imposed
crime
future
legislative
scheme
existence
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determined
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impose
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sentence
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respect
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classes
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throughout
state
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death
penalty
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state
consequently
affirmed
sentences
case
murder
counts
georgia
correct
respect
factual
judgment
imposition
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penalty
similar
cases
consistent
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indeed
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death
sentences
imposed
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category
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establish
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cases
assume
petitioner
also
argues
decisions
made
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either
negotiating
plea
lesser
offense
capital
murder
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declining
charge
capital
murder
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inexorably
result
wanton
freakish
imposition
penalty
condemned
judgment
furman
address
point
separately
cases
capital
offense
charged
escape
view
georgia
considered
determining
whether
particular
sentence
excessive
disproportionate
petitioner
argument
prosecutors
behave
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fashion
deciding
cases
try
capital
felonies
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facts
petitioner
simply
asserts
since
prosecutors
power
charge
capital
felonies
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power
standardless
fashion
untenable
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facts
contrary
assumed
prosecutors
motivated
charging
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factors
strength
case
likelihood
jury
impose
death
penalty
convicts
unless
prosecutors
incompetent
judgments
standards
decide
whether
charge
capital
felony
jury
decide
questions
guilt
sentence
thus
defendants
escape
death
penalty
prosecutorial
charging
decisions
offense
sufficiently
serious
proof
insufficiently
strong
cause
system
standardless
jury
decision
impose
life
imprisonment
defendant
whose
crime
deemed
insufficiently
serious
decision
acquit
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probably
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whose
guilt
established
beyond
reasonable
doubt
thus
prosecutor
charging
decisions
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removed
sample
cases
considered
georgia
truly
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cases
really
similar
relevant
respects
unlikely
prosecutors
fail
prosecute
capital
cases
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assume
contrary
petitioner
argument
unconstitutional
amount
discretion
system
separates
suspects
receive
death
penalty
receive
life
imprisonment
lesser
penalty
acquitted
never
charged
seems
final
analysis
indictment
entire
system
justice
petitioner
argued
effect
matter
effective
death
penalty
may
punishment
government
created
run
must
humans
inevitably
incompetent
administer
accepted
proposition
constitutional
law
imposition
death
penalty
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responsibility
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justice
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one
society
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tasks
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lives
citizens
one
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ways
achieves
task
criminal
laws
murder
decline
interfere
manner
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chosen
enforce
laws
simply
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lack
faith
ability
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justice
operate
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iv
reasons
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roberts
louisiana
post
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agree
petitioner
basic
argument
death
penalty
however
imposed
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crime
cruel
unusual
punishment
therefore
concur
judgment
affirmance
statement
chief
justice
justice
rehnquist
concur
judgment
join
opinion
justice
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agreeing
analysis
georgia
system
capital
punishment
comports
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georgia
section
provides
follows
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murder
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causes
death
another
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express
malice
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intention
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take
away
life
fellow
creature
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circumstances
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proof
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shall
implied
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provocation
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killing
show
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heart
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crime
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person
convicted
murder
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supp
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trial
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person
convicted
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provided
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sentence
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sentence
defendant
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judge
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trial
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jury
judge
shall
also
hear
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defendant
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provided
law
regarding
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imposed
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open
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cases
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agree
upon
punishment
trial
reversed
appeal
error
hearing
new
trial
may
ordered
shall
apply
issue
punishment
section
provides
shall
authorized
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chief
justice
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charge
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away
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fellow
creature
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section
code
section
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provides
person
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causes
death
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malice
charge
find
believe
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doubt
defendant
commit
homicide
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counts
alleged
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time
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defendant
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time
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date
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returned
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state
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malice
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murder
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men
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set
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men
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case
georgia
following
say
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cases
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evidence
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case
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conclude
sentence
death
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cases
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lingo
state
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state
watson
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state
comparison
cases
cited
records
show
accused
found
guilty
murder
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course
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imposed
sentence
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place
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home
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sentence
death
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penalty
imposed
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crime
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code
ann
notwithstanding
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cases
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state
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committed
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held
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death
penalty
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types
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cases
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penalty
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conclude
sentences
death
imposed
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murder
kidnapping
imposed
influence
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prejudice
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factor
jarrell
state
see
furman
georgia
douglas
concurring
see
stewart
concurring
see
white
concurring
petitioner
also
argues
differences
murder
death
penalty
may
imposed
manslaughter
may
imposed
difficult
define
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ability
disobey
trial
judge
instructions
unfettered
juries
use
phase
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convict
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convicting
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believe
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since
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death
penalty
sentencing
phase
case
georgia
problem
offense
definition
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case
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committed
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engaged
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refers
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state
georgia
wishes
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engaged
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leave
guns
home
persuade
hope
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victims
robberies
killed
petitioner
several
times
without
citation
cases
considered
georgia
appeal
taken
either
sentence
death
life
imprisonment
view
finds
support
language
relevant
statutes
moore
state
justice
blackmun
concurring
judgment
concur
judgment
see
furman
georgia
blackmun
dissenting
burger
dissenting
powell
dissenting
rehnquist
dissenting
justice
brennan
dissenting
cruel
unusual
punishments
clause
must
draw
meaning
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standards
decency
mark
progress
maturing
society
opinions
justice
stewart
justice
powell
justice
stevens
today
hold
evolving
standards
decency
require
focus
essence
death
penalty
primarily
upon
procedures
employed
state
single
persons
suffer
penalty
death
opinions
hold
viewed
clause
invalidates
mandatory
infliction
death
penalty
infliction
sentencing
procedures
justice
stewart
justice
powell
justice
stevens
conclude
adequately
safeguard
risk
death
penalty
imposed
arbitrary
capricious
manner
furman
georgia
concurring
opinion
read
evolving
standards
decency
requiring
focus
upon
essence
death
penalty
primarily
solely
upon
procedures
determination
inflict
penalty
upon
particular
person
made
said
beginning
nation
punishment
death
stirred
acute
public
controversy
although
pragmatic
arguments
punishment
frequently
advanced
longstanding
heated
controversy
explained
solely
result
differences
practical
wisdom
particular
government
policy
bottom
battle
waged
moral
grounds
country
debated
whether
society
dignity
individual
value
without
fundamental
inconsistency
follow
practice
deliberately
putting
members
death
nations
western
world
struggle
punishment
one
ancient
deeply
rooted
beliefs
retribution
atonement
vengeance
one
hand
beliefs
personal
value
dignity
common
man
born
democratic
movement
eighteenth
century
well
beliefs
scientific
approach
understanding
motive
forces
human
conduct
result
growth
sciences
behavior
nineteenth
twentieth
centuries
essentially
moral
conflict
forms
backdrop
past
changes
present
operation
system
imposing
death
punishment
crime
inescapably
duty
ultimate
arbiter
meaning
constitution
say
whether
individuals
condemned
death
stand
bar
moral
concepts
require
us
hold
law
progressed
point
declare
punishment
death
like
punishments
rack
screw
wheel
longer
morally
tolerable
civilized
society
opinion
furman
georgia
concluded
civilization
law
progressed
point
therefore
punishment
death
whatever
crime
circumstances
cruel
unusual
violation
eighth
fourteenth
amendments
constitution
shall
canvass
reasons
led
conclusion
emphasize
foremost
among
moral
concepts
recognized
cases
inherent
clause
primary
moral
principle
state
even
punishes
must
treat
citizens
manner
consistent
intrinsic
worth
human
beings
punishment
must
severe
degrading
human
dignity
judicial
determination
whether
punishment
death
comports
human
dignity
therefore
permitted
compelled
clause
understand
disagrees
comparison
punishments
today
deliberate
extinguishment
human
life
state
uniquely
degrading
human
dignity
three
brethren
hold
today
mandatory
infliction
death
penalty
constitutes
penalty
cruel
unusual
punishment
perceive
principled
basis
limitation
death
whatever
crime
circumstances
truly
awesome
punishment
calculated
killing
human
state
involves
nature
denial
executed
person
humanity
executed
person
indeed
lost
right
rights
death
unusually
severe
punishment
unusual
pain
finality
enormity
serves
penal
purpose
effectively
less
severe
punishment
therefore
principle
inherent
clause
prohibits
pointless
infliction
excessive
punishment
less
severe
punishment
adequately
achieve
purposes
invalidates
punishment
fatal
constitutional
infirmity
punishment
death
treats
members
human
race
nonhumans
objects
toyed
discarded
thus
inconsistent
fundamental
premise
clause
even
vilest
criminal
remains
human
possessed
common
human
dignity
penalty
subjects
individual
fate
forbidden
principle
civilized
treatment
guaranteed
clause
therefore
hold
ground
alone
death
today
cruel
unusual
punishment
prohibited
clause
justice
kind
obviously
less
shocking
crime
new
official
murder
far
offering
redress
offense
committed
society
adds
instead
second
defilement
first
dissent
judgments
gregg
georgia
proffitt
florida
jurek
texas
insofar
upholds
death
sentences
challenged
cases
set
aside
death
sentences
imposed
cases
violative
eighth
fourteenth
amendments
opinion
applies
also
proffitt
florida
post
jurek
texas
post
trop
dulles
plurality
opinion
warren
quoting
sellin
death
penalty
report
model
penal
code
project
american
law
institute
novak
beto
tuttle
concurring
part
dissenting
part
tao
beyond
furman
georgia
need
morally
based
decision
capital
punishment
notre
dame
law
trop
dulles
plurality
opinion
warren
camus
reflections
guillotine
pub
justice
marshall
dissenting
furman
georgia
concurring
opinion
set
forth
length
views
basic
issue
presented
cases
death
penalty
concluded
cruel
unusual
punishment
prohibited
eighth
fourteenth
amendments
continues
view
intention
retracing
long
tedious
journey
led
conclusion
furman
sole
purposes
consider
suggestion
conclusion
furman
undercut
developments
since
briefly
evaluate
basis
brethren
holding
extinction
life
permissible
form
punishment
cruel
unusual
punishments
clause
furman
concluded
death
penalty
constitutionally
invalid
two
reasons
first
death
penalty
excessive
second
american
people
fully
informed
purposes
death
penalty
liabilities
view
reject
morally
unacceptable
since
decision
furman
legislatures
enacted
new
statutes
authorizing
imposition
death
sentence
certain
crimes
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law
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penalty
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death
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penalty
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stewart
powell
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jj
roberts
louisiana
post
white
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simply
whether
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number
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furman
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