1 / 12

Furman V. Georgia, 1972

Furman V. Georgia, 1972. Corzet Staten Political Science Mr. Noel November 26, 2013. Parties?. Plaintiff in this case, William Henry Furman Defendant: State of Georgia. Original Case?.

vasanti-lakshmi
Download Presentation

Furman V. Georgia, 1972

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Furman V. Georgia, 1972 Corzet Staten Political Science Mr. Noel November 26, 2013

  2. Parties? • Plaintiff in this case, William Henry Furman • Defendant: State of Georgia

  3. Original Case? • Furman, a 26 year old African American broke into someone’s home and awakened them while rummaging through their things • He attempted to escape and ended up dropping his gun, the gun went off and killed the homeowner • Furman told the police that the gun was loaded and went off accidentally, with no intentions on killing the homeowner

  4. Who holds jurisdiction? • In the state of Georgia, the law holds that since the murder happened during the robbery, Furman could be executed if the court found him guilty of manslaughter • He appealed the execution and felt that sentencing him to death lacked a solid definition • Georgia had original jurisdiction in regards to the homeowner being deceased and no longer able to testify against Furman

  5. Issue of Law • The issue of law involved a violation of Furman’s 8th and 14th Amendment rights • The case dealt with administrative law (where the Federal government engages its citizens) • Furman claimed that he was not allowed to enjoy, “life, liberty, and the pursuit of happiness,” awarded in the 14th Amendment

  6. Hearing of the case • The Furman case consolidated appeals from two other convicted murderers awaiting execution • Lucius Jackson Jr., convicted of sexual assault in Georgia • Elmer Branch, convicted of sexual assault in Texas • They were both African Americans as well • The attorneys argued that poor people and people of color routinely receive the death penalty at a higher rate than white people who were charged with the same offenses

  7. Ruling? • The court ruled in Furman’s favor

  8. Final Vote • The Supreme Court issued a per curiam on a 5-4 vote to reverse the sentences • On rare occasions the court will issue a per curiam decision ( a brief unsigned opinion) • A per curiam decision signifies that the court was deeply divided over the reasons that went into its ultimate decision

  9. Majority Decisions? • Written by William O. Douglas, Potter Stewart, Byron White, Thurgood Marshall, and William J. Brennan Jr. • Brennan and Marshall felt that the death penalty was cruel and unusual punishment • White concluded that the infrequency of execution prevented the penalty from serving as an effective deterrent • Violation stemmed from the fact that there seemed to be a lack of uniformity within the states with regards to how people are sentenced to the death penalty

  10. Dissenting Opinion • Written by Chief Justice, Warren E. Burger, Justices Harry A. Blackmun, Lewis F. Powell Jr., and William H. Rehnquist • Dissenters argued that the court was straying into an area delegated to the judgment of state legislatures • Private opinions of justices, referring to the morality of execution , should not be brought up in a court of law

  11. Political Impact? • The death penalty was ruled illegal within the United States in 1976 • Furman decision stopped all executions that were pending in the 39 states that authorized the death penalty • More than 600 people were awaiting execution at the time • States now had 3 options: Develop mandatory death sentences for crimes that were carefully defined by statute, develop jury guidelines to reduce juror discretion, or abolish capital punishment

  12. Works Cited • "Prentice Hall School." Prentice Hall School. N.p., n.d. Web. 26 Nov. 2013. • "Furman v. Georgia Case Brief | 4 Law School." 23 Nov. 2013. • "Furman v Georgia." Furman v Georgia. N.p., n.d. Web. 26 Nov. 2013. • "Furman v. Georgia." TheFreeDictionary.com. N.p., n.d. Web. 26 Nov. 2013. • "Prentice Hall School." Prentice Hall School. N.p., n.d. Web. 26 Nov. 2013. • "Find Law | Cases and Codes." Find Law | Cases and Codes. N.p., n.d. Web. 24 Nov. 2013. • William Henry Furman. Digital image. Murderpedia. Murderpedia, n.d. Web • William O. Douglas. Digital image. N.p., n.d. Web. • Furman v. Georgia. Digital image. N.p., n.d. Web. 26 Nov. 2013.

More Related