Question

Which of the following is NOT an element of a state's death penalty that must exist to be constitutional, according to the Supreme Court's decision in Gregg v. Georgia?

a. Bifurcated Trial Process
b. Presentation of Mitigating Factors
c. Appellate Review
d. Trial by Jury

Answer 1

The Supreme Court's decision in Gregg v. Georgia established certain criteria for a state's death penalty to be considered constitutional. Trial by jury is not one of these criteria. The correct option is d.

Step-by-step explanation:

The correct answer is d. Trial by Jury. In the Supreme Court's decision in Gregg v. Georgia, the Court held that a state's death penalty must meet certain criteria to be considered constitutional.

These criteria include a bifurcated trial process, presentation of mitigating factors, and appellate review. However, the Court did not specifically require a trial by jury as an element of a state's death penalty.

Therefore, trial by jury is not an element of a state's death penalty that must exist to be constitutional. The correct option is d.