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Furman v. Georgia- 1972
3
Transcript
Harley Morgan
The Burger Court
- The Burger Court voted 5-4 in favor of Furman.
- The court believed that it was a cruel and unusual punishment.
- None of the five justices joined the opinion of any other.
- It was a strict interpretation because the inconsistent imposition of the death penalty violated eighth and fourteenth amendment.
- Two other death penalty cases were decided along with Furman: Jackson v. Georgia and Branch v. Texas
Henry William Furman was caught committing a robbery in a resident's house. In the process of escaping he tripped and the weapon he was carrying accidentally fired, killing the
Furman was tried for murder and was found guilty based largely on his own statement. Although he was sentenced to death, the punishment was never carried out.
victim. Although, this
contradicted his prior
statement to the police
that he had turned and
The Court's decision forced states and the US Congress to
Furman
Georgia
rethink their statutes for capital offenses to assure that the death penalty would not be administered in a capricious or discriminatory manner
blindly fired a shot while fleeing. In either event, because the shooting occurred while committing a felony, Furman would have been guilty of murder and eligible for the death penalty.
Works Cited
- FURMAN v. GEORGIA. The Oyez Project at IIT Chicago-Kent College of Law. 23 April 2014. <http://www.oyez.org/cases/1970-1979/1971/1971_69_5003>.
- "Furman v. Georgia." Wikipedia. Wikimedia Foundation, 21 Apr. 2014. Web. 23 Apr. 2014. <http://en.wikipedia.org/wiki/Furman_v._Georgia
Death Penalty in 1972
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