NCJ Number
17683
Journal
Tulane Law Review Volume: 47 Issue: 4 Dated: (JUNE 1973) Pages: 1167-1184
Date Published
1973
Length
18 pages
Annotation
IN FURMAN V. GEORGIA (1972), THE SUPREME COURT HELD, IN A FIVE TO FOUR DECISION, THAT IMPOSITION AND CARRYING OUT OF THE DEATH PENALTY IN THE TWO INSTANT CASES CONSTITUTED VIOLATIONS OF THE EIGHTH AND FOURTEENTH AMENDMENTS.
Abstract
PETITIONER FURMAN (CONVICTED OF MURDER) AND PETITIONERS JACKSON AND BRANCH (CONVICTED OF RAPE) WERE EACH SENTENCED TO DEATH UNDER A DISCRETIONARY SENTENCING STATUTE. THIS ARTICLE ANALYZES THE PLURALITY AND DISSENTING OPINIONS OF THE SUPREME COURT RULING INDIVIDUALLY BY SUPREME COURT JUSTICE. WHILE THERE WAS AGREEMENT AMONG THE PLURALITY THAT THE STATUTES AS CURRENTLY ADMINISTERED WERE ARBITRARY OR DISCRIMINATORY, ONLY JUSTICE DOUGLAS FOUND THIS SUFFICIENT TO DECLARE THE INFLICTION OF THE PENALTIES VIOLATIVE OF THE EIGHTH AMENDMENT. JUSTICES STEWART, WHITE, AND BRENNAN FOUND THE SENTENCES UNCONSTITUTIONAL BASED ON ARGUMENTS THAT DEATH PENALTIES ARE EXCESSIVE IN THAT A LESS SEVERE SANCTION WILL EFFECTIVELY SERVE THE SOCIETAL PURPOSES AND ARE MORALLY UNACCEPTABLE TO TODAY'S SOCIETY. JUSTICE MARSHALL RULED THE DEATH PENALTY PER SE CRUEL AND UNUSUAL PUNISHMENT ON THE SAME BASIS. JUSTICE BURGER, SPEAKING FOR THE DISSENT, CONCLUDED THAT CAPITAL PUNISHMENT PER SE AND AS APPLIED COULD NOT BE SAID TO VIOLATE THE EIGHTH AMENDMENT.