School Essay: Furman v. Georgia 408 U.S. 238, 92 S. Ct. 2726, 33 L. Ed. 2d 346 (1972)

Furman v. Georgia 408 U.S. 238, 92 S. Ct. 2726, 33 L. Ed. 2d 346 (1972)

Leslie K. Penny

Research Assignment #5.1

Chancellor University

Furman v. Georgia 408 U.S. 238, 92 S. Ct. 2726, 33 L. Ed. 2d 346 (1972)

            The following essay will give a brief summary of the facts surrounding Furman v. Georgia as well as what the Supreme Court held in this case.  A detailed explanation of the two-step procedure required to be utilized in capital cases involving the death penalty will also be supplied.  Lastly, the subject will be covered as to what a particular issue was that the Supreme Court has faced since 2008 involving the death penalty and the manner in which it was administered as well as how the Supreme Court ruled.

              In the case of Furman v. Georgia, a 26 year old black man was in the process of burglarizing someone's home in the middle of the night when he was surprised by the victim which caused him to flee (ProCon.org).  Furman claimed that while making his escape, he accidentally tripped over a wire on the floor while backing up in which he fell to the floor where his gun discharged killing the victim behind a closed kitchen door (ProCon.org).  Furman went on to say that he had no intent to kill the victim and didn't even know the victim was killed until later (ProCon.org).  Furman was found guilty of murder and sentenced to death by a jury of his peers in 1 hour and 35 minutes (ProCon.org).  One source gave the impression that the verdict came back so quickly because it was a black man that killed a white man, a father of five, and that blacks were far more likely to receive the death penalty than whites convicted of the same crime (Death Penalty: Cruel and Unusual Punishment?, 2008).

            The U.S. Supreme Court struck down Furman's death sentence, along with two others, "finding that they constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the U.S. Constitution" (Furman v. Georgia, 2012).  This case is important because it aided other states to rewrite their death penalty laws in order to not be called unconstitutional.  The reversal of the Supreme Court decision was based on a per curium opinion where a 5-4 vote which signified "the Court was deeply divided over the reasons that went into its ultimate decision to either affirm or reverse the lower court" (Furman v. Georgia, 2012).  Because of the Furman decision, all executions, at that time, that were pending in the 39 states that had had the death penalty were stopped and states were left with three options; "develop mandatory death sentences for crimes that were carefully defined by statute, develop jury guidelines to reduce juror discretion, or abolish capital punishment" (Furman v. Georgia, 2012).

            With the effect the Furman ruling had on other states who quickly modified their procedures, a two-step procedure came out of it.  This procedure is used today in capital cases where, in the first stage, "guilt or innocence is decided" and "if the defendant is convicted of a crime for which execution is possible, or if he pleads guilty to such an offense, a second or penalty phase ensues" (Schmalleger, 2011).  This phase can be considered a mini-trial where new evidence can be introduced "that may have been irrelevant to the question of guilt but that may be relevant to punishment, such as drug use or childhood abuse" (Schmalleger, 2011).  Schmalleger goes on to say that "in most death-penalty jurisdictions, juries determine the punishment but, in Arizona, Idaho, Montana, and Nebraska, the trial judge sets the sentence in the second phase of capital murder trials, and Alabama, Delaware, Florida, and Indiana allow juries only to recommend a sentence to the judge".

            When it comes to the second part of this essay, this writer had a difficult time finding any references specifically to the year 2008 in regards to the death penalty other than two death penalty cases, Baze v. Rees (2008) and Kennedy v. Louisiana (2008).  Baze v. Rees asked the question whether death sentences carried out by lethal injection violate the Eighth Amendment ban on cruel and unusual punishment which the Supreme Court upheld the drug protocol for lethal injection by a 7-2 vote (Death Penalty: Cruel and Unusual Punishment?, 2008).   Kennedy v. Louisiana had to do with the death penalty in child rape cases where the court ruled the Constitution prohibits the death penalty  in those cases (Death Penalty: Cruel and Unusual Punishment?, 2008).  It seems the constitution will continue to be questioned in regards to the death penalty. 

            To conclude, one can see the importance that Furman had on future death penalty cases as well as the individuals who will benefit from this ruling by not being put on death row.  This case also led to the two-step rule that courts now use in capital cases where two stages are used, the first stage guilt or innocence is decided and in the second stage new evidence can be introduced that may not be relevant  to the question of guild but may be relevant to the punishment. 

           

           

           

           

Works Cited

Death Penalty: Cruel and Unusual Punishment? (2008, October 30). Retrieved 10 6, 2012, from Bill of Rights Institute: www.niu.edu/polisci/faculty/profiles/ward/ward_files/death.ppt

Furman v. Georgia. (2012). Retrieved 10 6, 2012, from The Free Dictionary By Farlex: http://legal-dictionary.thefreedictionary.com/Furman+v.+Georgia

ProCon.org. (n.d.). Retrieved 10 6, 2012, from ACLU: http://aclu.procon.org/view.resource.php?resourceID=413

Schmalleger, F. (2011). Criminal Justice Today. New Jersey: Prentice Hall.