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Furman vs Georgia
Fourteenth Amendment
The Due Process Clause prohibits state and local government officials from depriving persons of life, liberty, or property without legislative authorization.
Legal problem
Appeals by law
The Eighth Amendment
Does the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?
Prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment.
Furman claimed that his sentencing was a violation of his 8th and 14th Amendment rights, illustrating legislation that disallows the government from infringing on the right(s) to pursue ‘Life, Liberty, and the Pursuit of Happiness’
Considerations
The Court concluded:
"In light of history, experience, and the present limitations of human knowledge, we find it quite impossible to say that committing to the untrammeled discretion of the jury the power to pronounce life or death in capital cases is offensive to anything in the Constitution."
Furman vs Georgia
Was a criminal case in which the United States Supreme Court struck down all death penalty schemes in the United States, with each member of the majority writing a separate opinion.
Decision
Background
The Supreme Court overturned Furman’s execution, stating that unless a uniform and unwavering policy of determination for the eligibility to undergo capital punishment exists, the death penalty is to be considered as ‘cruel and unusual’ punishment.
In the midst of robbing a home. William Henry Furman in an attempt to escape with a firearm that he had been carrying has discharged striking and killing the owner of the home; Furman claimed that the weapon discharged in an accidental fashion.
Furman was tried for murder and was found guilty based largely on his own statement, but never was carried out.