Which comparison explains the shift from Furman to Gregg regarding the death penalty?

Which comparison explains the shift from Furman to Gregg regarding the death penalty?

• A. Furman allowed death penalty; Gregg abolished it
• B. Furman invalidated death penalty due to arbitrariness; Gregg allowed when fairly applied
• C. Both cases upheld the death penalty in all contexts
• D. Neither addressed death penalty

Answer: (B)

The main idea is how the Court treated arbitrariness in applying the death penalty. In Furman, the Court struck down the death penalty as it was then administered because its use was arbitrary and capable of arbitrary outcomes, often tied to factors like location or race, rather than careful standards. Gregg changed course by upholding the death penalty again, but only when states use carefully designed procedures that limit arbitrariness—such as bifurcated trials (separating guilt from punishment), and explicit aggravating and mitigating factors with guided discretion and review. So the shift isn’t about whether the death penalty can exist, but about enforcing fairness through safeguards that address arbitrariness. The other options misstate the history: Furman did not permit the death penalty, Gregg did not abolish it, and both cases did not uphold it in all contexts.

The main idea is how the Court treated arbitrariness in applying the death penalty. In Furman, the Court struck down the death penalty as it was then administered because its use was arbitrary and capable of arbitrary outcomes, often tied to factors like location or race, rather than careful standards. Gregg changed course by upholding the death penalty again, but only when states use carefully designed procedures that limit arbitrariness—such as bifurcated trials (separating guilt from punishment), and explicit aggravating and mitigating factors with guided discretion and review. So the shift isn’t about whether the death penalty can exist, but about enforcing fairness through safeguards that address arbitrariness. The other options misstate the history: Furman did not permit the death penalty, Gregg did not abolish it, and both cases did not uphold it in all contexts.