Furman VS. Georgia
William Henry Furman, a 26 year old from Georgia, had broken into someone home and was in the process of going through the homeowner things. The homeowner was awaken and surprised Furman and attempted to apprehend him. Furman was armed with a revolver; however, he still ran away. Upon trying to flee out the house Furman dropped his firearm and it discharged on accident as it landed on the ground, hitting and killing the homeowner. Although his initial intentions were to commit theft, it was described as a freak accident that resulted in murder.
Once the police question him, William Henry Furman, claimed the firearm was discharged on accident. When reviewing the case, Georgia state law explained, because of the face the murder took place during a robbery, Furman was eligible to be executed if the court found him guilty of the murder. “Furman was arrested, tried, and found guilty of murder. The jury had the choice of sentencing Furman to life imprisonment or to death. It chose death.” ("Supreme Court Cases.") William Furman
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The Supreme Court decided that the actual acted of the death wasn’t unconstitutional “but that the procedures and applications as practices by the States were.” ("Supreme Court Cases.") The original ruling was overturned and William Furman would not be executed. The court in the case explained that only way capital punishment would be eligible is if they could form a uniform policy. Without a uniform policy, the death penalty will be considered as a cruel and unusual punishment. This lead to the death penalty being ruled illegal within the United States in 1976 for a while, but the Supreme Court later ruled “that the death penalty was allowed only in the event that the sentencing was delivered at the time of the trial and that the jury who had sentenced the individual to death was determined to review the details of the case.”
Case Identification: 428 U.S. 153; 96 S. Ct. 2909; 49 L. Ed. 2d 859; No. 74-6257; Gregg v. Georgia. It was argued on March 31, 1976 and was decided on July 2, 1976. Facts: The defendant, Troy Gregg, sought the review of the decision from the Supreme Court of Georgia, which affirmed the opinion that the death penalty is not a violation of the eighth and fourteenth amendments. Gregg was charged with armed robbery and murder.
Worcester v. Georgia By Sydney Stephenson Worcester v. Georgia is a case that impacted tribal sovereignty in the United States and the amount of power the state had over native American territories. Samuel Worcester was a minister affiliated with the ABCFM (American Board of Commissioners for Foreign Missions). In 1827 the board sent Worcester to join its Cherokee mission in Georgia. Upon his arrival, Worcester began working with Elias Boudinot, the editor of the Cherokee Phoenix (the first Native American newspaper in the United States) to translate religious text into the Cherokee language. Over time Worcester became a close friend of the Cherokee leaders and advised them about their political and legal rights under the Constitution and federal-Cherokee treaties.
He tried to flee, and while doing so tripped and fell. The gun that he carried went off and killed a resident of the home. He was eventually convicted of murder and sentenced to death. The question in this case is, “Is the imposition and carrying out of the death penalty in this case cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?” Reasons for Majority
The following two cases resulted in reversals of the convictions due to lack of counsel, but after this it became evident the Court was trying to draw the line of which trials to reverse. After these two cases, “in 1947 the Court made it plain that in non-capital cases it was sticking to the flexible rule of Betts v. Brady”(Lewis 118). Betts v. Brady helped to pave
Convicted murderer and former New England Patriots star Aaron Hernandez, who was serving a life sentence for a 2013 murder hung himself in Massachusetts prison cell on Wednesday morning, just days after he was acquitted in a separate murder case. e was discovered hanged in his cell by corrections officers at the He was discovered hanged in his cell by corrections officers at the Souza-Baranowski Correctional Center in Shirley about 3:05 a.m. Mr. Hernandez was in a single cell in a general population unit. He hanged himself utilizing a bedsheet that he attached to his cell window. He also attempted to block his door from the inside by jamming the door with various items" a statement from the Department of Correction reads, the Boston Globe
Georgia. Gregg committed two counts of murder. These murders were also committed alongside an armed robbery of the victims for their money and automobile. All of these factors, along with the murders themselves being horrible and inhumane, make the death penalty, in this case, not a cruel or unusual punishment, and completely constitutional. When their argument of the 8th amendment fails, the petitioners turn to racial discrimination to explain when Leon Gregg was punished by death.
In 1838, Henry B. Truett was convicted of the murder of Jacob Early. Early (a physician) and Truett became enraged in a political quarrel; a quarrel that was provoked by Truett. His young, inexperienced attorney—who had been practicing law for less than two years—spoke to the jury in a controversial yet engaging tone. The young attorney painted the events that led to the murder of Early in vivid color for the jury. While Truett had provoked Early, Early’s rage grew to such levels Truett felt his life was in imminent danger.
William Furman was in the process of robbing a home and when he was searching around the house the homeowner woke up. Furman tried to run out of the house but he fell and when he fell his gun discharged and ended up killing the homeowner. As a result, Furman was convicted of robbery and murder. He was sentenced to death. Georgia law explained that because the murder happened during a robbery, Furman was eligible to be executed if the court found him guilty of the murder.
In this case Furman was attempting to burglarize a home in Savannah, Georgia when the person who resided in the home discovered him. Originally Furman said he had turned and fired blindly when he was discovered, but later he changed his story. He later said he tripped and fell in which made him discharge his firearm. Either way the shots hit a target of the homeowner in which killed him and Furman now with conflicting stories was found guilty.
(Hurst v. Florida) (Furman v. Georgia (intro)) From this case, it showed how “it has been assumed in our decisions that punishment by death is not cruel, unless the manner of execution can be said to be inhuman and barbarous” (“FindLaw's United States Supreme Court Case
Initially, the Supreme Court made it clear in Spaziano v. Florida, that the constitution does not require the death sentence to be imposed by a jury. 468 U.S. 447, 460 (1984). A few years later, in 1989, this Court decided Hildwin v. Florida. 490 U.S. 638, 640. Hildwin reaffirms what Spaziano held, “Accordingly, the Sixth Amendment does not require that the specific findings authorizing the imposition of the sentence of death be made by the jury.”
While Furman was making his escape attempt, his gun was pointed behind him and “accidentally” fired at Micke, killing him. The police had searched around the Micke’s neighborhood after the murder, and found Furman still armed with his murder weapon. Furman was taken into custody that night and was convicted to a murder felony by his own statement. Before his trial, he was taken to the Georgia Central State Hospital for a psychologic evaluation. The results concluded that he was mentally and emotionally disturbed, and psychotic
The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.
Georgia, was being battled in the Supreme Court. Troy Leon Gregg was charged with the armed burglary and homicide of two men and found guilty by the Georgia Supreme Court. The Georgia court ruled Gregg be put to death for his crimes against humanity. Gregg’s lawyers appealed this ruling and it became the first death sentence case accepted by the Supreme Court. Gregg argued that the death penalty was unconstitutional under the Eighth and Fourteenth Amendments of the Constitution, which states cruel and unusual punishment is unlawful (“Gregg v. Georgia”, Capital Punishment).
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.