The Death Penalty Is Back

In 1976, the Supreme Court overturns its controversial 1972 ruling against capital punishment after hearing the case of Gregg v. Georgia. State legislators have crafted a sophisticated new statute that brilliantly responds to the aspects of capital punishment that the court had found problematic. To eliminate arbitrary or prejudicial sentencing, the procedure of "guided discretion" is introduced. One key innovation is the bifurcated, or two-pronged, trial. First, jurors determine guilt; second, they must weigh the distinctions and dimensions of the specific case. If the mitigating circumstances do not outweigh the aggravating circumstances, then a sentence of death may be handed down. In addition, any case in which the death penalty is invoked must undergo judicial review to make sure it is not an idiosyncratic or biased outcome.

Other jurisdictions follow Georgia's lead and develop similar laws. The statutes tend to list the aggravating circumstances, which vary somewhat, in order to identify which criminal homicides are eligible for a capital sentence. More often than not, any variable may qualify as a mitigating circumstance.

Two other noteworthy Supreme Court rulings addressing the death penalty occur during this era. Also in 1976, in Woodson v. North Carolina, the court rules that a mandatory death penalty is unconstitutional because it eliminates the individuality of each case. Coker v. Georgia in 1977 rules out the capital sentence for rape because no one is killed by the crime.

Thomas Miller-El One Week After a Stay of Execution Ken Light