courts unit 8 responses

1. In 1972 the Furman v. Georgia case resulted in a decision that would put action into motion. Furman was originally sentenced to death because of a murder he committed in Georgia but the court debated whether or not this was a violation of his 8th amendment right. The death penalty was found to be considered a cruel and unusual punishment and therefore it would be prohibited. This realization was the immediate impact this case had, courts started to reconsider what was cruel and unusual and the power someone holds when giving that sentence. The ability to hand out death when a person could so easily be left to their own arbitrary will was in fact cruel and unusual. Just a few years later, in 1976 the death penalty would be reinstated under different circumstances in the case of Greg v Georgia. The reinstatement of the death penalty was dependant on many guidelines and rules in place, reviews and appeals would be set to protect people but in the end the death penalty would be used once again. 23 states currently prohibit the death penalty and 3 temporarily prohibit the death penalty, this would not be possible if it weren't for the monumental decision made in the Furman v Georgia case. This case was able to put action into motion, to question its constitutionality and to move forward in protecting the people; demanding there be no arbitrary decisions made when it comes to someone's life. 

2. The impact of Furman V. Georgia was a landmark Supreme Court case where a majority of justices ruled that existing death penalty schemes in states nationwide were arbitrary and inconsistent which in turn violates the 8th amendment. This was a criminal case because the Supreme court invalidated all death penalty schemes in the U.S. It took into question whether the imposition of the death penalty constitutes cruel and unusual punishment. The ruling then haulted death penalty sentences. The effect it has on capital punishment now is many states have outlawed capital punishment and found it to be cruel and unusual. Furman went on to say that the death penalty laws that allow random racial results are unconstitutional. 

3. Furman v. Georgia is a U.S Supreme Court case that resolves around the Eighth Amendment's ban on cruel and unsual punishment in death penalty cases. The Furman v. Georgia case was based on Furman being convicted of murder in Georgia. Furman was caught in the act of committing burgary by the residents. He claimed that he tripped when he was trying to escape the scene and caused the weapon to accidentally fired which resulted in killing the victim. This case had very profound impact in the United States, the verdict led to the complete outlawing of capital punishment by 1972 which still is very impactful in today's era. At first, the short term effects were that people could no longer be killed for their crimes but then it turned into a long term effect in which the people would never look at the death penalty the same again. It is important to understand that Furman v. Georgia did not abolish the death penalty but it did set certain restrictions on it. The supreme court determined that when the death penalty is applied selectively to minorities it is cruel and unsual punishment. This led to today's courts in which they cannot rule different based on race, gender, etc. 

4. A U.S. Supreme Court case known as Furman v. Georgia (1972) is a landmark case that involved Eighth Amendment’s ban of unusual and cruel punishment in death penalty cases (Furman v. Georgia (1972), n.d.). Furman and Jackson were both convicted of rape in the state of Georgia, while Jackson was convicted of rape in the state of Texas. All three defendants were sentenced to death after they were convicted. According to FindLaw, The Supreme Court granted certiorari in pursuant to the following question: would imposing the death-penalty- in the above listed cases violate the defendants Eighth Amendment ban on unusual and cruel punishment as per the Due Process clause of the Fourth Amendment rights. The Supreme Court ruled per curiam, that upholding the death penalty in these case are unconstitutional as it was applied in a discriminatory an arbitrary manner. It was determined by the Supreme Court that individuals who are deemed minority and poor are disproportionately subjected to death penalty rulings. In coinciding opinions, both Justices Marshall and Brennan imposed that the death penalty is unconstitutional under any circumstance, as less severe penalties would serve the same disciplinary goals. After this decision was rendered, the the use of the death penalty was haltered while states revised their criminal statutes to ensure the death penalty was not applied in a discriminatory or arbitrarily manner. In 1976, the death penalty was then reinstated pursuant to a case known as Gregg v. Georgia (Furman v. Georgia (1972), n.d.). Reinstatement of the death penalty was predicated on states ensuring that the use of the death penalty to impose punitive consequences was not used to discriminate against minorities and poor people. There are set rules and guidelines that presiding judges must adhere to when invoking the death penalty to a convicted criminal. These reviews and guidelines are protective factors to protect the convicted from being railroaded by the Justice system. According to Furman v. Georgia 1972, (n.d.), twenty-three states prohibit the use of the death penalty as a punitive means of punishment for convicted criminals. In addition, three states temporarily prohibit the use of the death penalty. It can be determined after reviewing the circumstance surrounding Furman v. Georgia that this case is responsible for the modifications that were made to the death penalty.  As a result, many states use the life in prison punishment as an alternative to the death penalty.

5. June 29, 1972, the ruling of Furman vs. Georgia the supreme court decided that the death penalty was unconstitutional in three cases. Furman was convicted of murder which immediately impacted the thought of capital punishment. There were debates based on the eighth and fourth amendment of what is considered cruel and unusual punishment. The Constitution’s Eighth Amendment states that, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”(Constitution Center, 2021). The courts issued a per curiam opinion. A per curiam decision signifies that the Court was deeply divided over the reasons that went into its ultimate decision to either affirm or reverse the lower court (Law, 2021). Three justices formally wrote their opinion towards the death penalty, they concluded that the death penalty would heavily impact minorities and the poor, and would be unfair to enforce if that mean’t that defendants would be discriminated against based on their race, religion, wealth, social position or class. Justice Douglas argued that it was too much power was given to the judges and jurors if someone lives or dies. After further review, in 1976 the death penalty was reconsidered and placed back into the court system as a form of punishment based on circumstances and restrictions. The supreme courts later enforced states and the U.S. Congress to review their current laws and statutes regarding capital punishment to ensure that punishments were not issued based on a discriminatory manner. In the following years 23 states has prohibited the death penalty, while 27 states are still allowing it. The Furman vs Georgia case shedded light, and brought recognition to unfair treatment from a discriminatory stand point.