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Furman v. Georgia

Government- Halevy
by

Sarah Silva

on 8 February 2013

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Transcript of Furman v. Georgia

Arguments: *Furman along with court-appointed lawyer stated that while in the Micke residence and having realized that he was caught he walked backwards., tripped over a wire and the gun fired. He sincerely stated that he did not mean to carry anyone even if he was carrying a gun. What was the gun for than? www.enotes.com/furman-v-georgia-references/furman-v-georgia Significance/ Work Cited Opinion: * The court came to this decision because although at first Furman was given the death sentence but later appealed the case and had it sent to higher power and having them agree that his punishment was "cruel and unusual" for his crime they rewrote the death penalty completely Decision -Amsterdam joined the appeal siding with Furman and stated that Furmans death penalty went against the 8th amendment "cruel and unusual punishment" Furman v. Georgia Argument/Decision/Significance Facts/Issues So What's the Big Deal? Crime: August 11th 1967, Decision: June 29th 1972 Is there a problem Officer? *Chief Justice of the Supreme Court: Warren E. Burger Where: Geogria *William Henry Furman broke into the Micke Residence on a regular work day *"Furman was a poor, uneducated, mentally illl African American" who simply had the intentions of taking food to live on. *Furman claimed that the electric chair (death penalty) was a harsh/cruel punishment for his "accidental" murder *Running out of the house because he was about to be caught led him to drop his gun and accidently shoot William Joseph Micke in the chest instantly killing him * Legal Issue:"Would the imposition and carrying out of the death penalty constitute cruel and unusual punishment in violation of Eighth and Fourteenth Amendments?" * Because these three men (Furman, Jackson and Branch) all were sentenced to the death penalty was it fair? Did it violate the 8th (Excessive bail, fines, etc) or the 4th (Probable cause for search and seizure) Included two other men: Jackson and Branch * Public Policy Issue: the public eye viewed this poor sick man as a murderer. He was a thieve but that was no excuse for the death penalty. "Accidental Murder" was still murder and the public policy placed him on death row. Values: accidental murder
-thief
-illness
-equal conviction? From here the court found him guilty of murder and he was given the death penalty ^^^lasted one day Furman appealed the case The court rejected his insanity plea Most Persuasive: Furman seems most persuasive because he was mentally ill and although he was committing a crime outside of committing "accidental murder" he was poor, sick, and under desperate measures. *back then judges received no help or rules to follow when giving the death penalty they simply chose life or death *Amsterdam claimed that the death penalty were more often given to the poor, uneducated, ill, and African American *Out of five judges, all five believed that Furman's punishment was too cruel. *Chief Justice noted that because no one thought it was fair they should rewrite/get rid of it all together. Number of justices says it all, unfair *it did not completely ban the death penalty but it helped it against those poor, ill, and African America into having a more fair punishment * because of the Furman v. Georgia case there is now a two- phase systems in order finally get the death penalty
1st: one must have to be proven guilty of murder
2nd: Is the death penalty necessary? The judges were fair because they took the time and interest into realizing that not even the judges who are to "establish justice" do not believe this punishment is fair. www.capitalpunishmentincontext.org www.oyez.org/cases/1970/1971/1971_69_5003/ Death penalty was found illegal in 1976 "The United States Supreme Court ruled that it'd only be allowed only in the event that the sentencing was delivered at the time of the trial and that the jury who had sentences the individual to death was determined to review the details of the case." www.kids.laws.com/furman-v-georgia Because of this case the Supreme Court realized that many other states agreed that the punishment was cruel many other states changed their laws about the Death Penalty Furman
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