The Death Penalty: Furman V. Georgia

There has been a great deal of controversy over whether or not the the death penalty should be abolished. There had been many supreme cases involving the death penalty. people view the death penalty as cruel because it seems excessive or as in inescapable consequence of death. There’s also the belief that the death penalty defers murder because people fear death. Society has developed more humane ways of carried out capital punishment. Furman v. Georgia and Gregg v. Georgia are two significant cases that change the view of the issues that related to the death penalty which are racial discrimination, mentally impaired, juveniles, due process and lethal injection. Furman v. Georgia (1972) was the Landmark Supreme Court ruling which effectively
put a moratorium on the death penalty in the U.S. until consistent standards were used across the 50 states. The longest writing case in America history. A case in which nine justices wrote nine separate opinions. America was just coming out from war world II, where entire societies were run by homicidal maniacs who were using the state to kill. Therefore, this kind of genocide sort of leach into the debate of capital punishment. William Henry Furman had been found guilty of killing a man during a house burglary in Savannah, Georgia.
The twenty-five-year-old Furman claimed his gun went off accidentally when he tripped over a wire in leaving the house. Largely based on his testimony, a jury found him guilty of murder and sentence him to death by the electric chair. Furman appealed his conviction and sentence. The Georgia supreme court affirmed both on April 24, 1969. On may 3, however, the court stayed Furman’s execution so Furman could appeal to the U.S. Supreme court. Because Furman’s case attracted a lot of public opinions, several lawyers decided to help the appeal. His Lawyers said the death penalty was cruel and unusual for several reasons. At the time, Juries receive no guidance about choosing the death penalty. They simply listened to the evidence of guilt or innocence and decided whether the defendant deserved to die. Studies showed that juries acted randomly when choosing the death penalty. In cases that were similar, some defendants got the death penalty while others just went to
prison.
With a 5-4 decision, the supreme court reversed Furman’s conviction. Five of the justices agreed that Furman’s death sentence was cruel and unusual punishment. the justices, however, could not agree on a reason for their decision. All five wrote in the majority, then, wrote separate opinions explaining the result. Justice Brennan stated “When we consider why they have been condemned…The true significance of these punishments is that they treat [*273] members of the human race as nonhumans, as objects to be toyed with and discarded” (Furman v. Georgia), he believed that using the death sentence was creating the right to say who can live or who doesn’t. Justice Douglas explain “The death sentence is disproportionately imposed and carried out on the poor, the Negro, and the members of unpopular groups” (Furman v. Georgia), there were statistics that show a Caucasian convict would receive a time in prison while a black convict receives the death sentence. Justice Steward describes “These death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual” (Furman v. Georgia), because struck by a lighting can kill you and you feel intensive pain. Justice white “it would be very doubtful that any existing general need for retribution would be measurably satisfied” (Furman v. Georgia), he doesn’t believe that the use of the death sentence really satisfies the feeling of revenge. Justice Marshal “In order to assess whether or not death is an excessive or unnecessary penalty, it is necessary to consider the reasons why…and examine whether less severe penalties would satisfy the legitimate legislative wants as well as capital punishment. If they would, then the death penalty is unnecessary cruelty, and, therefore, unconstitutional” (Furman v. Georgia), He believes that the death sentence should have a reason to use it.
The dissent opinions were by burger, Blackmun, Powel Rehnquist each of these justices wrote their own. Justice burger say “Our constitutional inquiry, however, must be divorced from personal feelings as to the morality and efficacy of the death penalty, and be confined to the meaning and applicability of the uncertain language of the Eighth Amendment” (Furman v. Georgia), when judging we should not let our emotion get in the way of justice. Blackmun “We should not allow our personal preferences as to the wisdom of legislative and congressional action, or our distaste for such action, to guide our judicial decision in cases such as these”( Furman v. Georgia), we shouldn’t allow what we believe what our constitution stop us from completing our job. Justice Powell “Operating within these narrow limits, I find it quite impossible to declare the death sentence grossly excessive for all rapes” (Furman v. Georgia), rape is a terrible thing that should not be forgiven. Justice Rehnquist believes “The task of judging constitutional cases imposed by Art. III cannot for this reason be avoided” (Furman v. Georgia), we cannot avoid giving a judgment.
I would have liked for Furman to be given life in prison while the others were given the death sentence. Furman’s crime was theft, and the murder was accidental, so it was not intentional. His intelligence level also shows that he was just looking for money and not thinking of killing anyone.
As a result of the Furman case, the death penalty was ruled unconstitutional.
While the death penalty was later reinstating and ruled constitutional by the supreme court, there is no longer an arbitrariness to the death penalty and states have reevaluated their status for capital offenses and have reduced juror discretion.
Gregg v. Georgia (1976) – A crucial ruling which upheld the use of the death penalty. Troy Leon Gregg was found guilty of murdering two people, during his trial he was sentence to death. However, Gregg would not have his sentence, he argued that the court decision was unconstitutional violating his eighth and fourteen amendments right. The case was sent to the supreme court, the problem that the supreme court face was whether or not what Gregg has done was worth sentence to death and if his sentence violated his rights.
On a 7-2 vote, the supreme court decided that the death penalty for the crime of murder did not violet the eight and fourteen amendment. Justice Stewart, Justice Powell, and Justice Stevens concluded that “The existence of capital punishment was accepted by the Framers of the Constitution, and for nearly two centuries this Court has recognized that capital punishment for the crime of murder is not invalid per se” (Gregg v. Georgia), our framers validated the use of capital
punishment.
The minority vote was given by Justice Brennan and Justice Marshall. Justice Brennan “My opinion in Furman v. Georgia concluded that our civilization and the law had progressed to this point and that therefore the punishment of death, for whatever crime and under all circumstances, is cruel and unusual in violation of the Eighth and Fourteenth Amendments of the Constitution” (Gregg v. Georgia), he still believes that the capital punishment was a violation of the eight and fourteen amendment. Marshall also believes in the capital punishment also violets the eight and fourteen amendment.
I would also agree with the majority opinion as I believe his crimes were worse and shouldn’t be forgiven lightly. He knowingly committed those crimes and even escape to end up dying in a bar. I do believe that there should be balance on when to use the death sentence, we shouldn’t use it on lesser crimes like theft, but we can use it on extreme murders.
The Gregg v. Georgia case was the continuation of using the death sentence so long it doesn’t violate the eighth and fourteen amendments. We began to learn when to use it. By sanctioning capital punishment individual states to continue to execute prisoners convicted of particularly heinous crimes. This case marks the beginning of the united states modern legal conversation about the death penalty. It also leaves people to reconsider capital punishment in different aspects.