Corzet Staten
Political Science
Mr. Noel
November 26, 2013

 Plaintiff in this case, William Henry Furman
 Defendant: State of Georgia

 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

 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

 The issue of law involved a violation of
Furman’s 8 th and 14 th 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 14 th
Amendment

 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

 The court ruled in Furman’s favor

 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

 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

 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

 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

 "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.