Which case upheld the constitutional legitimacy of the death penalty but required careful application to avoid undue cruelty?

• A. Furman v. Georgia (1972)
• B. Gregg v. Georgia (1976)
• C. Barron v. Baltimore (1833)
• D. Katz v. United States (1967)

Answer: (A)

The idea being tested is how the Supreme Court treats the death penalty: it can be constitutional if it is applied with proper safeguards to prevent arbitrariness and cruelty. Gregg v. Georgia (1976) fits this description. In Gregg, the Court held that the death penalty itself does not automatically violate the Eighth Amendment, provided states implement careful procedural standards—such as a bifurcated trial process, explicit aggravating and mitigating factors, and proportionality review—to ensure death sentences are not arbitrary. This decision effectively revived the death penalty under those structured guidelines.

In contrast, Furman v. Georgia (1972) struck down existing death penalty statutes as administered at the time because of arbitrary and inconsistent imposition, leading to a de facto moratorium. The other cases aren’t about capital punishment at all—Barron v. Baltimore deals with the application of the Bill of Rights to state government, and Katz v. United States concerns the Fourth Amendment right against unreasonable searches and seizures.