One of the most controversial topics for discussion has always been whether or
not the death penalty is cruel and unusual punishment. In Furman v. Georgia, three men
were sentenced to death, one man for murder and two men for rape. The Supreme Court
is in charge of deciding what is constitutional and they decided for Furman v. Georgia
“that 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.”i In a
five to four vote, the Court held that the death penalty in these cases was unconstitutional
and the decisions were reversed.
The issue that the Supreme Court was addressing was “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?”ii The Eighth Amendment states
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.”iii The Fourteenth Amendment is the amendment that assures
rights guaranteed privileges and immunities of citizenship, due process and equal
Protection. With these two amendments, the Supreme Court was trying to decide whether
or not the death penalty is cruel and unusual punishment as well as whether or not it
deprives people of their life without due process of law.
When deciding the case, although five of the Supreme justices ruled to reverse the
death sentences, they were fairly divided in their opinions as to why. Justices Douglas,
Brennan and Marshall “doubted that any application of the death penalty could avoid
being a cruel and unusual punishment.”iv Justice Douglas thought that the death penalty
was disproportionately applied to poor people and socially disadvantaged people. This
suggested that the fourteenth amendment must be used to strike down the death penalty
