Which 1976 court case established capital punishment in a manner not violating the Eighth Amendment's cruel and unusual punishment prohibition?

• A. Gregg v Georgia
• B. Furman v Georgia
• C. Kennedy v Florida
• D. Atkins v Virginia

Answer: (B)

Capital punishment can be constitutional if the legal process includes safeguards that prevent arbitrary results. In Furman v. Georgia (1972), the Court struck down death-penalty statutes because their application was arbitrary and thus violated the Eighth Amendment. In Gregg v. Georgia (1976), the Court held that the death penalty itself is not inherently unconstitutional, provided states implement procedures that limit arbitrariness, such as bifurcated trials, weighing aggravating and mitigating factors, and automatic appellate review. This established that capital punishment could be carried out in a way consistent with the Eighth Amendment. The other cases address different issues: Kennedy v. Florida prohibits the death penalty for juveniles at the time of the crime; Atkins v. Virginia prohibits execution of intellectually disabled individuals.