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The jury was
instructed by the trial judge, who was following Georgia
state law, to return with either a decision of life
imprisonment or the death penalty. Justice Byron stated
in his opinion that Gregg had failed in his burden of
showing that the Georgia Supreme Court had not done all
it could to prevent discriminatory practices in the
forming of his sentence...
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This decision became the first
time the Court stated that "punishment of death does not
invariably violate the Constitution." (Bernstein 21)
The punishment also cannot be "grossly out of
proportion to the severity of the crime charged, nor can
it violate the convicted individual's dignity. In
Rummell vs...
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