 Under "Gregg v. Georgia" and its companion cases, the death penalty was only constitutional because states provided for jury sentencing—or at a very minimum, jury factfinding at sentencing—and appellate review of all death sentences.The Court had to concede that words such as "outrageously vile" and "especially heinous, atrocious, or cruel" were vague without further definition.In the prior decisions where the Court had struck down aggravating factors for vagueness, the jury instructions did not define the terms for the jury, and state supreme court decisions did not define these words any further.