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Furman v. Georgia
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Georgia's Argument
Furman's Argument
- The imposition and carrying out of the death penalty constitutes cruel & unusual punishment; therefore, is in violation of the 8th amendment.
- The death penalty is in violation of the Fourteenth Amendment, since Furman was not allowed to pursue his rights to "life, liberty, and the pursuit of happiness."
- The nature of sentencing for capital punishment lacks solidarity and implies a racial bias, making it an unfair procedure.
They argued that the death penalty deterred others from committing similar crimes.
The death penalty also kept the public from outrage when these crimes went unpunished.
Impact on Society Today
William Henry Furman
This case created more opinionated sides on the death penalty because many people dissented that it went against the 8th and 14th amendment. The constitutionality of the death penalty is up for debate among many people.
Others on death row tried to retrial about whether or not it was against their rights as well.
It consolidated with Jackson v. Georgia
Chief Justice Burger
Majority Opinion
Dissenting Opinions
Many justices, such as Chief Justice Burger, and Justices Harry Blackmun, Lewis F. Powell, and William H. Rehnquist, dissented that the death penalty was cruel and unusual punishment.
They believed that capital punishment was always allowed under Anglo-American legal tradition.
Ruling: 5-4 decision stating the imposition of the death constituted cruel & unusual punishment, thus violating the 8th and 14th amendments -- unconstitutional
Did not produce a controlling opinion -- none of the 5 justices constituting the majority joined in the opinion of any other
Arbitrariness when imposing the death penalty, often indicating a racial bias against black defendants (though not proven).
citations
What happened...
http://www.oyez.org/cases/1970-1979/1971/1971_69_5003/
Audio
http://www.oyez.org/cases/1970-1979/1971/1971_69_5003/
Ruling
http://en.wikipedia.org/wiki/Furman_v._Georgia
Furman was tried for murder and was found guilty. He was originally sentenced to death, but the ruling was overturned and never carried out.
* Because the murder was committed during the commission of another felony, Furman was automatically eligible for the death penalty according to the felony murder rule.
William Henry Furman was robbing a home when he was discovered by the owner of the home. While attempting to flee, he tripped and fell. This caused his gun to go off, which killed a resident of the home.
Furman v. Georgia - Death Penalty Case
http://www.phschool.com/atschool/ss_web_codes/supreme_court_cases/furman.html
Argued: Monday, January 17th, 1972
Decided: Thursday, June 29th, 1972