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Case Study Paper, Furman V. Georgia - Criminal Law - Essay | CJ 221, Papers of Criminal Law

Case Study Paper. Students were required to write a paper on an assigned case. This one is Furman V. Georgia Material Type: Paper; Class: CRIMINAL LAW; Subject: Criminal Justice; University: Montgomery College; Term: Fall 2008;

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Uploaded on 11/11/2008

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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
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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

because the unequal application of the death penalty was cruel and unusual punishment. Justices Brennan and Marshall took an absolutist point of view. The decided that no matter the proper application of due process or equal protection, the death penalty was always unconstitutional. Justice Stewart thought that the death penalty was a unique punishment in that fact that it does not seek to rehabilitate those subjected to the criminal justice system. He believed that the death penalty should only be used rationally and fairly. He agreed that with the decision to reverse the death penalties in this case because he believed that “these death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual.”v^ Stewart said that in these cases the decision to execute these three men was capricious and he agreed with Marshall and Brennan in the fact that “if any basis can be discerned for the selection of these few to be sentenced to die, it is the constitutionally impermissible basis of race.”vi^ Judge White was also of the opinion that capital punishment is not unconstitutional and also agreed that in these specific cases; the death penalty was cruel and unusual. He stated that in these cases the death penalty constituted as cruel and unusual punishment because it was infrequently used as a sentence for punishment and not a deterrent for future crime. White notes “… its imposition would then be the pointless and needless extinction of life with only marginal contributions to any discernible social or public purposes. A penalty with such negligible returns to the State would be patently excessive and cruel and unusual punishment violative of the Eighth Amendment.”vii The result of Furman v. Georgia led many states to do one of two choices. They could abolish capital punishment; restrict the judges and juries ability to assign punishment to crimes. “New death penalty statutes - supposedly designed to prevent

i (^) Furman v. Georgia, No. 408 U.S. 238 (June 29, 1972). ii (^) ibid iii (^) "U.S. Constitution: Eight Amendment." FindLaw. 25 Oct. 2008 http://caselaw.lp.findlaw.com/data/constitution/amendment08/. iv (^) "Furman v. Georgia." West's Encyclopedia of American Law, edition 2. 2008. The Gale Group 25 Oct. 2008 http://legal-dictionary.thefreedictionary.com/Furman+v.+Georgia v (^) Furman v. Georgia, No. 408 U.S. 238 (June 29, 1972). vi (^) ibid vii (^) ibid viii (^) Bright, Stephen B. CAPITAL PUNISHMENT on the 25th Anniversary of FURMAN v. GEORGIA. PublicationNo. SOUTHERN CENTER for HUMAN RIGHTS. SCHR: Lectures, articles and reports. 26 June 1997. 26 Oct. 2008 http://www.schr.org/reports/docs/furman3.pdf. ix (^) "Furman v. Georgia." West's Encyclopedia of American Law, edition 2. 2008. The Gale Group 25 Oct. 2008 http://legal-dictionary.thefreedictionary.com/Furman+v.+Georgia