Which case upheld the death penalty as acceptable under certain circumstances, clarifying procedures in Gregg v. Georgia?

• A. Furman v. Georgia (1972)
• B. Gregg v. Georgia (1976)
• C. Munn v. Illinois (1877)
• D. Palko v. Connecticut (1937)

Answer: (B)

The key idea is that the death penalty can be constitutional, but only when states apply it with strong procedural safeguards to prevent arbitrariness. In 1972, Furman v. Georgia struck down existing capital punishment schemes because their application was arbitrary and inconsistent. Gregg v. Georgia in 1976 clarified that the death penalty itself isn’t unconstitutional if carried out under structured procedures. The Court approved a bifurcated trial: first a guilt/innocence phase, then a separate sentencing phase where judges or juries consider aggravating and mitigating circumstances. This framework aims to ensure careful, individualized consideration rather than arbitrary punishment. By upholding the death penalty under these safeguards, Gregg distinguished it from the arbitrary practices invalidated in Furman.

Context for the other options: Munn v. Illinois dealt with state regulation of private industry, not capital punishment, and Palko v. Connecticut addressed double jeopardy. Neither concerns the death penalty or its procedures.