Furman Vs Georgia Case

Furman vs Georgia Case                                                                                                                                        1

                                                                            Furman v. Georgia

                                                                                    CJS/221

                                                                               Johnny Cotton

                                                                               May 30, 2016

Furman vs Georgia Case                                                                                                                                        2

                                                                       Introduction 

        Capital punishment has been a source of debate since its inception; the public continues to dispute this highly controversial issue. A struggle exists between Americans who are fighting for a safe and secure society and those individuals who want to abolish the death penalty. Capital punishment may be a controversial subject; however, it is a critical issue that must be addressed in today's violent society. Many people cannot decide if the death penalty provides the necessary punishment and deterrent effect that is needed for criminals but, capital punishment is an aspect of criminal sentencing that needs to be evaluated.

      The United States Supreme Court judgment in Furman vs. Georgia in 1972 came to the decision that the death penalty was a violation of the eight amendment because of the inconsistent manner by which it was carried out. However, in the 1970s, 34 states across the nation ratified new legislation on capital punishment that met the standards set by the Supreme Court. The most significant change in the history of death penalty cases transpired when United States legislators and the Congress passed what is now known as the Violent Crime Control and Law Enforcement Act .This made a capital punishment sentence possible for various federal crimes.

                                                   The Consideration of Racial Discrimination          

          There were some concurrences that focused the ruling of the death sentences to be more focused on the blacks. With that being said it led the legislature and the states to rethink the decision so it would not appear to be any kind of discrimination. In the Furman v. Georgia case racial discrimination was not declared. The Furman v. Georgia case led most states to rewrite the death penalty law to make sure that is was done fairly to avoid the discrimination.

                                                                  More Recent Instance

        McCleskey v. Kemp is a case that is more recent. McCleskey was among three others who robbed a furniture store and ended up killing the manager. The Furman case was brought up because the question of

Furman vs Georgia Case                                                                                                                                        3

whether the punishment of death for murder was in violation of the Eighth and Fourteenth Amendment of the Constitution. After going through the appeals McCleskeys appeals were denied and was still sentenced to the death penalty. The death penalty was still given to him because everything was followed correctly and there was no discrimination involved in the court decision.

                                                                      Analyzed Decision

      Opponents of the death penalty might argue that in the Furman v. Georgia violates the 8th Amendment.

Furman became a thief due to survival. His biggest struggle was finding a job, that’s why he turns into burglary

in order to survive. The night when he broke into Williams home, William heard noises. When he comes down

checkup why there are noises, Furman took his gun out just in case he has to scare someone away. While trying

to escape he tripped over some wires and pulled the trigger accidently. William was murdered. In trial they did

not consider the fact that he was a good man and that “the nature of the crime” is survival. Also, they did not

consider that it was an actual accidental murder. There was no actual intention in the act. He being black did not

help him in the trial. “A penalty … should be considered ‘unusually’ imposed if it is administered arbitrarily or

discriminatorily”. The death sentence targets the poor, the Negro, and the members of unpopular groups. That is