Furman v. Georgia (1967)
Background of Case:
William Henry Furman, a mentally ill and psychotic man, was caught burglarizing the
Micke household. Upon trying to escape, Furman shot William Joseph Micke Jr.
Originally, Furman claimed he blindly fired a shot, but in trial he claimed that the
weapon was triggered accidentally, when he tripped. Furman was proven guilty of
murder and eligible for the death penalty under Georgia’s then state law. He was
sentenced to death.
Constitutional Issues
Anthony Amsterdam, Furman’s lawyer, argued that the death penalty in Georgia violated
the Eighth Amendment and the Fourteenth Amendment, the cruel and unusual
punishment and the equal protection clauses, under the U.S. Constitution. He stated that
since it applied to poor people and minorities disproportionately to white people, it
violated the 14th Amendment’s equal protection of the law. Additionally, Amsterdam
argued the methods of execution and circumstances under which it was applied
constituted cruel and unusual punishment.
Decision of Case
In a 5-4 decision, the Supreme Court ruled that Furman’s death sentence qualified as
cruel and unusual punishment. The five justices, however, could not agree on a reason for
their decision; thus, each justice wrote a separate opinion explaining the result. Justice
William O. Douglas compared America’s death penalty to that of England. In England it
was considered unfair if applied unevenly to minorities, outcasts, and unpopular groups.
On this basis, Douglas decided the death penalty is “unusual” if it discriminates against a
defendant because of his “race, religion, wealth, social position, or class.” Additionally,
Justices William J. Brennan, Jr. and Thurgood Marshall each wrote opinions; they both
believed the death penalty was cruel and unusual punishment in all circumstances and
should be outlawed forever.