FURMAN V GEORGIA 408 U.S 238 1972 FURMAN V GEORGIA U.S CONSTITUTION U.S GOV'T JUDICIAL HUMAN RIGHTS U.S GOVERNMENT AND CONSTITUTION SIGNIFICANCE IN THIS CASE THE SUPREME COURT STRUCK DOWN THE DEATH PENALTY AS IT WAS BEING ADMINISTERED ARGUING THAT IT AMOUNTED TO CRUEL AND UNUSUAL PUNISHMENT AS DEFINED BY THE EIGHTH AMENDMENT BACKGROUND A 26 YEAR OLD MAN NAMED FURMAN WAS BURGLARIZING A PRIVATE HOUSE IN GEORGIA WHEN A FAMILY MEMBER DISCOVERED HIM WHILE TRYING TO FLEE THE HOUSE FURMAN TRIPPED THE GUN HE WAS CARRYING FIRED AND KILLED A RESIDENT OF THE HOUSE FURMAN WAS CONVICTED OF MURDER AND THE JURY IN HIS TRIAL SENTENCED HIM TO DEATH WITHOUT BEING GIVEN ANY SPECIFIC GUIDELINES OR LIMITS ON GIVING THE DEATH PENALTY FURMAN APPEALED THE CONVICTION ARGUING THAT THE DEATH PENALTY VIOLATED THE EIGHTH AMENDMENT'S PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT DECISION THIS CASE WAS ARGUED ON JANUARY 17 1972 AND DECIDED ON JUNE 29 1972 BY A VOTE OF 5 TO 4 THE DECISION WAS ISSUED PER CURIAM OR BY THE WHOLE COURT RATHER THAN BEING ATTRIBUTED TO ONE JUSTICE THE COURT RULED IN FURMAN'S FAVOR HOWEVER THE JUSTICES IN THE MAJORITY OPPOSED THE DEATH PENALTY FOR DIFFERENT REASONS AND EACH ISSUED HIS OWN OPINION THREE JUSTICES FOUND THAT THE DEATH PENALTY HAD BEEN APPLIED RANDOMLY IN FURMAN'S CASE AND THAT THIS RANDOMNESS WAS CRUEL AND UNUSUAL JUSTICE WILLIAM DOUGLAS CONCLUDED THAT THE DEATH PENALTY WAS APPLIED DISPROPORTIONATELY TO POOR OR SOCIALLY DISADVANTAGED PEOPLE JUSTICE BYRON WHITE FOUND THE DEATH PENALTY TO BE SOCIALLY IRRATIONAL BECAUSE IT DID NOT DISCOURAGE OTHERS FROM COMMITTING SERIOUS CRIMES TWO OTHER JUSTICES HELD THAT THE DEATH PENALTY BY ITS VERY NATURE IS CRUEL AND UNUSUAL EXCERPT FROM THE OPINION OF THE COURT THE COURT HOLDS THAT THE IMPOSITION AND CARRYING OUT OF THE DEATH PENALTY IN THESE CASES CONSTITUTE CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH AND FOURTEENTH AMENDMENTS
