Furman V. Georgia

Words: 1504
Pages: 7
Open Document
4. (20 points). Describe the facts, rulings and reasoning of the Supreme Court decisions in Furman v. Georgia and Gregg v. Georgia respecting whether or not the imposition of the death penalty is a “cruel and unusual punishment” in violation of the Eighth Amendment
Furman V Georgia, was a Supreme Court decision that had to do with the requirement for a degree of consistency in the application of the death penalty. In this case a man woke up in the middle of the night to find a burglar named William Henry Furman robbing his house. While trying to escape, Mr Furman stated that he tripped on a object making his gun go off and accidentally killing the owner of the house. However, this contradicted his first statement where he stated to police …show more content…
Wade, Roe a single woman become pregnant in 1970 and wanted an abortion in Texas where she was from. However, Texas law only allowed abortions if life was in danger, otherwise it was a crime. In her assault on wade she was joined by a licensed physician named Hallford who had to prosecution pending against him and a angry couple who were not aloud to have a baby because of poor health. As they reached the Supreme Court, the married couple and James Halford case was dismissed but Roes wasn't. Although the constitution does not state that an individual has a right to privacy, it is kind of says it in the ninth amendment which gives reserve rights to the people. As the case went on, the state of Texas must show why the abortion law is important. The state of Texas raised an argument saying that a fetus is considered a person and has a right of life. The Court did not agree, saying that the fetus is not considered a person within the law. The Supreme Court continue saying that Texas does not have the right to take a womens rights away and made a compromise with both Roe and the state of Texas. They stated in the 6 month of Pregnancy, women have the right to do whatever they want in the first 12 weeks. However the next several weeks, based on interest in protecting and promoting life, Texas is able to determine if the a female can have the abortion or …show more content…
Texas case, the question of whether homosexuals had a fundamental constitutional right to engage in sodomy was brought up. During a response to a weapons call, Police officers found John Lawrence and Tyron Garner engaged in anal sex while entering his home. Both Men were arrested and charged and fined two hundred dollars because of the the Texas anti-sodomy law, which prohibited oral or anal sex between two members of the same sex. Lawrence ended up petitioning to the Supreme Court and was granted certiorari. During the case , the Court decided that the Due process Clause of the Fourteenth Amendedmnt did extend homosexualts rights. They also stated that Texas had no legitimate interest that warranted infringing that
Show More

Related Documents: Furman V. Georgia

Furman V. Georgia Case Study

until 1964, the electric chair was used as capital punishment and was carried out in Huntsville, Texas. In 1964, judicial challenges to capital punishment resulted in a de facto moratorium on executions in the United States. In the 1972 case of Furman v. Georgia, the death penalty was ruled unconstitutional by the supreme court making the death penalty no longer available in America. Texas adopted the lethal injection in 1977 but the first one was not given until December 7, 1982. It seems hat as time…

Words 255 - Pages 2

Furman V. Georgia Case Analysis

The majority of those costs occur at the trial level an insert from a (Duke University, May 1993). In the recent decision Furman v. Georgia (1972), when the Supreme Court outlawed capital punishment, asserted that when only a tiny proportion of individuals who commit murder are executed, the penalty is unconstitutionally irrational, the lessons of Furman once again haunt the present-day reality of most states when execution is used so rarely as to defy the logic of deterrence. There are suggestions…

Words 213 - Pages 1

Supreme Court Case: Furman V. Georgia

Furman v. Georgia, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. On August 11, 1967 in Savanna Georgia William Henry Furman was burglarizing a private home when a family member discovered him. He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killing William Micke. When questioned by police, Furman claimed that the firearm was discharged on accident. Upon…

Words 209 - Pages 1

Supreme Court Case: Furman V. Georgia

In an extremely known court case, Furman v. Georgia, the African American defendant, William Furman was sentenced to death via death penalty. This case is extremely prominent when discussing the death penalty because it is the first time in the United States Supreme Court’s history that the Court set aside a death sentence and also the first time the Court took consideration of racism in capital sentencing (Margulies). Furman was robbing a home and a family member discovered him. He tripped and accidentally…

Words 161 - Pages 1

Furman Vs Texas

included, but were not limited to hanging, electrocution, firing squad, lethal injection, as well as the use of lethal gas. In 1972 three landmark supreme court cases, Furman v. Georgia, Jackson v. Georgia, and Branch v. Texas, changed the way America used the death penalty. In Furman v. Georgia, Jackson v. Georgia, and Branch v. Texas, the supreme court ruled that the use of capital punishment in these cases was unconstitutional because it allowed the jury to decide whether the accused…

Words 322 - Pages 2

The History Of The Death Penalty Paper

factors in sentencing and the outcome of the accused. It was in 1972, that the United States of America received an eye opening case which marked the change to the way capital punishment would be regulated. William Henry Furman was convicted of armed robbery and murder in the state of Georgia which, at that time, had a law called the “Felony Murder Rule” making him eligible for the death penalty. (“Felony-Murder Rule”, n.d.) He was found guilty and indeed sentenced to death. An appeal to the Supreme Court…

Words 856 - Pages 4

Gregg V. Georgia Case Study

counts of murder. The judge told the jury that it could decide on either the death sentence or life in prison on each count. In Furman v Georgia in 1972, the Supreme Court ruled that the death penalty systems then in place were unconstitutional violations of the Eighth Amendment’s prohibition on “cruel and unusual” punishments. Four years later, with the Gregg v Georgia case, the court said the death penalty was constitutional. And that is what Troy Gregg got sentenced to. Gregg then asked the court…

Words 153 - Pages 1

Cruel And Unusual Punishment

United States Constitution could not impose punishment to people who committed them became a major issue by trying to ban the law in 1962 between Robinson v. California (Hall, Feldmeier, 528). The Coker v. Georgia in 1977 had the proportionality doctrine, Powell v. Texas in 1968 bans statues crime, Furman v. Georgia in 1972 and Gregg v. Georgia in 1976 both had the death penalty and capital punishment (Hall, Feldmeier, 528). Although, the Eighth Amendment to the United States Constitution, people…

Words 813 - Pages 4

Essay On 8th Amendment

The 8th Amendment discusses cruel and unusual punishment. I believe that if they have committed this kind of crime, then they are already committed to cruel and unusual punishment. These pedophiles do not deserve freedom. Even though I don’t want my tax dollars supporting them in jail/prison, I’d rather they stay incarcerated for the rest of their lives. The cycle does not end unless they want it to end by deciding to change and heal from their pasts. Capital punishment is also a very viable…

Words 705 - Pages 3

death penalty Essay

The death penalty or capital punishment is used on a wide range of crimes. 58 nations presently use capital punishment. In 1972 capital punishment was ruled unconstitutional in Furman v. Georgia arguing that it violated the 8th and 14th amendments, but in 1976 it was switched in Gregg v. Georgia. The death penalty however isn't legal is 13 states. Some argue that if the threat of the death penalty decreses the number of murders will increase. Crime has continued to increase because there are now…

Words 331 - Pages 2