In Gregg v. Georgia, the Supreme Court offered the following understanding of its own decision in Furman: Furman mandates that where discretion is afforded a sentencing body on a matter so grave as the determination of whether a human life should be taken or spared, that discretion must be suitably directed and limited so as to minimize the risk of wholly arbitrary and capricious action. With reference to my article, “Gregg at 40,” describe three different kinds of studies that have attempted to empirically assess the concepts of “suitably directed” and “minimization of risk.” Offer a critique of my conclusion that Gregg has been “a complete and dismal failure.” To do this, offer evidence that shows Gregg actually has curtailed arbitrariness and/or expose flaws in the evidence that has been used to demonstrate continued arbitrariness.
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