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Furman v. Georgia: Difference between revisions
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Is the death penalty prohibited under the [[Constitution_of_the_United_States#8th_Amendment_.28Sentencing:_punishment.29|cruel and unusual punishment]] clause of the 8th Amendment in all cases? | Is the death penalty prohibited under the [[Constitution_of_the_United_States#8th_Amendment_.28Sentencing:_punishment.29|cruel and unusual punishment]] clause of the 8th Amendment in all cases? | ||
|holding=The death [[Sentencing|sentences]] imposed on Jackson, Furman, and Branch (the 3 defendants) are unconstitutional. | |holding=The death [[Sentencing|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. | |||
*[[Criminal_Law_Marcus/8th_ed._Outline#Capital_Punishment]] | |||
|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 | ||
Revision as of 14:35, February 27, 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. 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.
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.
