Furman+v+.Georgia

__Furman vs Georgia__ ~ Jamaal and Lara

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This case was heard by the Supreme Court in 1972. 1/1

__Case Summary__ ~ A man by the name of William Furman was caught breaking into and attempting to steal from a private home in the summer of 1967. He was armed at the time with a pistol. It is said that he did not have intentions of taking out the gun, unless he got into serious trouble. But, as he was trying to flee the scene after being sighted, he tripped and his gun went off. It shot and killed another resident of the house. This case was earlier appealed WHAT WAS THE ORIGINAL DECISION because of Furman's argument, that the verdict was unconstitutional due to the 8th and 14th Amendments. IT WAS APPEALED BECAUSE IT WAS FELT THAT THE DEATH PENALTY WAS NOT DESERVED - YOU NEED TO EXPLAIN THAT HE WAS SENTENCED TO DEATH - THIS IS AT THE HEART OF THE CASE 3.5/5

__Constitutional/Legal Issue__ ~ The 8th and 14th Amendments were compromised during this case. THAT'S WHAT THE DEFENSE SAID - POSE IT AS A QUESTION. DON'T GET INTO THE RULING YET. The 8th Amendment states that there should be no malicious and abnormal sentences in our penal system. It consists of the Cruel and Unusual Punishments Clause which explains this. The 14th Amendment includes the Due Process Clause and the Equal Protection Clause. Both provides protection for all citizens, making everyone equal. The plaintiff, his lawyers and some of the justices believed these amendments created legal issues within the case.;AGAIN MAKE IT CLEAR THAT THIS CASE INVOLVED EATH PENALTY 3.5/5

__Decision or Holding__ ~ The votes were 5-4 in the court. Some justices believed that Georgia's system on deciding the circumstances for a criminal to recieve the death penalty was unconsistant and arbitrary. Justice Potter Stuart SAID IN THE MAJORITY RULING, "These death sentences are cruel and unusual in the same way that being struck by lightening is cruel and unusual...I simply conclude that the Eighth and Fourteenth Amendments cannot tolerate the infliction of a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed". CUT DOWN ON LENGTH OF QUOTE, AND PROVIDE SOME EXPLANATION/ANALYSIS 4/5

Signifigance ~ The Court's decision made states and the national legislature reevaluate their statutes for capital crimes to that the death penalty would not be sentenced in a discriminatory manner. TELL ME MORE!

4/5 THE DEATH PENALTY BASICALLY STOPPED FOR SEVERAL YEARS UNTIL THE GREGG V. GEORGIA DECISION

__Sources__ (n.d.). //Furman v. georgia//. Retrieved from [|http://www.oyez.org/cases/1970-1979/1971/1971_69_5003/]

roensch, greg. (2007, june 01). //Furman v. georgia: cruel and unusual punishment//. Retrieved from [|http://images.google.com/imgres?imgurl=http]: //www.redroom.com/files/images/furman_cover2.preview.jpg&imgrefurl= [|http://www.redroom.com/publishedwork/furman-v-georgia-cruel-and-unusual-punishment&usg=]__H0JWJdztdchKGYyZfmZ4S7VyHQk=&h=354&w=250&sz=65&hl=en&start=2&tbnid=CTEY443LAESdXM:&tbnh=121&tbnw=85&prev=/images%3Fq%3Dfurman%2Bvs%2Bgeorgia%2Bcourt%2Bcase%26gbv%3D2%26ndsp%3D18%26hl%3Den%26safe%3Dactive%26sa%3DN//

// (2007, April 14). //Furman v. georgia,overturns death penalty (1972)//. Retrieved from [|http://lifeontherow.proboards.com/index.cgi?board=roc&action=display&thread=1948&page=1]

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SEE ABOVE COMMENTS - YOU ARE A LITTLE CONFUSED ABOUT THE CASE

20/25 = 80% (C)