Procedures

• STEP 1:

  As a class, view the following videos and engage in class discussion to provide context for this case and its Constitutional foundation. Use the accompanying questions as a guide. Students can use the following document to take notes:

  HANDOUT: Gregg v. Georgia

  VIDEO CLIP 1: Supreme Court Landmark Case Gregg v. Georgia: Introduction (2:54)

  Carol Steiker and Kent Scheidegger discuss the historical significance of this case.

  1. Why is Gregg v. Georgia considered a landmark case?

  2. Explain the application of the Fifth, 14th and Eighth Amendments of the U.S. Constitution to this case.

  VIDEO CLIP 2: Eighth Amendment: Cruel and Unusual (1:43)

  Justices Breyer and Scalia talked about the definition of “cruel and unusual” in the Eighth Amendment.

  1. Discuss the interpretations of "cruel and unusual" as Justices Breyer and Scalia describe it.

  VIDEO CLIP 3: Historic Supreme Court Cases and the Death Penalty (2:24)

  Guests discuss the significance of the Supreme Court cases Powell v. Alabama, McGautha v. California and Furman v. Georgia and the public's opinion on the death penalty at the time.

  1. Discuss the significance of the Supreme Court's decisions in Powell v. Alabama, McGautha v. California, Furman v. Georgia as they relate to the issue of the death penalty.

  2. Describe the public's opinion of the death penalty at that time.

  VIDEO CLIP 4: The Five Cases that Comprised Gregg v. Georgia (3:40)

  Carol Steiker and Kent Scheidegger provide background information on the five people whose cases comprised Gregg v. Georgia.

  1. Describe the background for each of the five cases that were a part of the Supreme Court Landmark Case Gregg v. Georgia.

  2. Explain the legal difference between the states.

  3. According to Carol Steiker and Kent Scheidegger, why did the Supreme Court bundle these five cases together?

• STEP 2:

  View this collection of videos to learn about the makeup of the Supreme Court during the time this case was heard, the Constitutional arguments presented, and the decision in the case.

  VIDEO CLIP 5: The Court (3:01)

  Carol Steiker and Kent Scheidegger discuss the Supreme Court under Chief Justice Warren Burger during this time.

  1. Describe some of the differences between the Supreme Court under Chief Justices Earl Warren and Warren Burger as discussed by Carol Steiker and Kent Scheidegger.

  VIDEO CLIP 6: Gregg v. Georgia: Oral Arguments (4:59)

  Archived audio of the oral arguments that were presented in this case by G. Hughel Harrison, Counsel for Troy Gregg, and GA Assistant Attorney General G. Thomas Davis is shown.

  1. Discuss the arguments that were presented on both sides of this case.

  VIDEO CLIP 7: Louisiana Case Arguments (4:23)

  Archived audio of the oral arguments that were presented in this case by Anthony Amsterdam, Counsel for Stanislaus Roberts, and LA Asst. District Attorney James Babin is shown.

  1. Explain the arguments presented on each side of this case.

  VIDEO CLIP 8: The Decision (7:11)

  Carol Steiker and Kent Scheidegger talk about the Supreme Court’s 1976 decision in this case.

  Explain the decision in this case.

• STEP 3:

  View the videos below to learn about the impact of this case.

  VIDEO CLIP 9: The Criminals (2:08)

  Archived news video and information about the lives of the criminals after their convictions is discussed.

  1. Explain the circumstances surrounding each individual's life after the case was decided.

  VIDEO CLIP 10: The Death Penalty (1:00)

  Information regarding the state of the Death Penalty in the United States after this case was decided is presented.

  1. Explain the state of the death penalty across the country following the decision in this case.

  VIDEO CLIP 11: Death Penalty Cases: The Process of Getting to the Supreme Court (1:58)

  Carol Steiker and Kent Scheidegger talked about the process involved with these cases getting to the Supreme Court and stays of execution.

  1. Explain the process involved with death penalty cases being presented before the Supreme Court.

  2. Describe what may occur in the 'eleventh hour' before a prisoner is executed.

• STEP 4:

  Application:

  In your opinion, is the death penalty a "cruel and unusual" punishment? Justify your position citing examples of crimes in which the death penalty is a viable option.

• Extension Activity:

  Consider a current example of a crime that has been committed in the U.S. that may warrant the death penalty as punishment. Use the guidelines in Gregg v. Georgia to present your position on what the outcome should be.