Furman v. Georgia: Difference between revisions
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|subject=Criminal Law | |subject=Criminal Law | ||
|appealed_from=Supreme Court of Georgia | |appealed_from=Supreme Court of Georgia | ||
|facts=3 black men were sentenced to death for crimes of rape & murder in the state of Georgia. ''Furman v. Georgia'' is the consolidation of their 3 cases. | |facts=3 black men were sentenced to death for crimes of rape & murder in the state of Georgia. ''Furman v. Georgia'' is the consolidation of their 3 cases. | ||
Furman was the 2nd defendant with a mental illness; he only had a 6th-grade education. He shot through a closed door in a robbery; the bullet killed a home resident. | Furman was the 2nd defendant with a mental illness; he only had a 6th-grade education. In 1967, Furman had been drinking in Savannah, Georgia. He decided to rob a house while on parole. He shot through a closed door in a robbery; the bullet killed a home resident. | ||
|procedural_history=All 3 men were criminally convicted in state courts in Georgia. | |procedural_history=All 3 men were criminally convicted in state courts in Georgia. | ||
Furman is convicted under the <span style="background:magenta">felony murder rule</span>. | |||
[https://its.law.nyu.edu/facultyprofiles/index.cfm?fuseaction=profile.overview&personid=19743 Anthony Amsterdam] was the attorney for Furman at the time. Amsterdam was working for the NAACP Legal Defense and Educational Fund. | |||
|issues=Is the death penalty [[Constitution of the United States|constitutional]]? | |issues=Is the death penalty [[Constitution of the United States|constitutional]]? | ||
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*[[Criminal_Law_Marcus/8th_ed._Outline#Capital_Punishment]] | *[[Criminal_Law_Marcus/8th_ed._Outline#Capital_Punishment]] | ||
*Chief Justice [[Warren Burger]] & 3 other justices dissented in this 5-4 decision. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/furman-v-georgia | |link=https://www.quimbee.com/cases/furman-v-georgia | ||
|case_text_source=Quimbee | |source_type=Video summary | ||
|case_text_source=Quimbee | |||
}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://supreme.justia.com/cases/federal/us/408/238/case.html | |link=https://supreme.justia.com/cases/federal/us/408/238/case.html | ||
Latest revision as of 03:38, July 14, 2023
| Furman v. Georgia | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | June 29, 1972 |
| Appealed from | Supreme Court of Georgia |
| Followed by | |
| Gregg v. Georgia | |
Facts
3 black men were sentenced to death for crimes of rape & murder in the state of Georgia. Furman v. Georgia is the consolidation of their 3 cases.
Furman was the 2nd defendant with a mental illness; he only had a 6th-grade education. In 1967, Furman had been drinking in Savannah, Georgia. He decided to rob a house while on parole. He shot through a closed door in a robbery; the bullet killed a home resident.Procedural History
All 3 men were criminally convicted in state courts in Georgia.
Furman is convicted under the felony murder rule.
Anthony Amsterdam was the attorney for Furman at the time. Amsterdam was working for the NAACP Legal Defense and Educational Fund.Issues
Is the death penalty constitutional?
Is the death penalty prohibited under the cruel and unusual punishment clause of the 8th Amendment in all cases?Holding
The death sentences imposed on Jackson, Furman, and Branch (the 3 defendants) are unconstitutional. In these 3 particular cases, the death sentences are cruel & unusual punishment.
Comments
Only the 2 justices Marshall & Brennan argued that the death penalty was unconstitutional in all cases.
- Chief Justice Warren Burger & 3 other justices dissented in this 5-4 decision.
