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Furman V. Georgia Case Brief

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Furman v. Georgia, the United States Supreme Court proclaimed all current capital punishment statutes at the time unlawful as an infringement of the Eighth Amendment restricting "coldblooded and unordinary discipline". There was no greater part assessment, and each of the five division share individuals composed a different sentiment. While three of them construct their choice with respect to the self-assertive and oppressive use of capital punishment. This was also the decision that said that there was an out of line penchant sentence dim people to death. It was to stop Random capital punishments made by the state, in light of the fact that the capital punishments of Georgia was strange and coldblooded which abused the eighth amendment. Involved parties were William Henry Furman; Plaintiff and Georgia. The lawful inquiry exhibited was whether the burden and …show more content…

So it drove the governing body and the states to reevaluate the choice so it would not give off an impression of being any sort of segregation. In the Furman v. Georgia case racial segregation was not proclaimed. The Furman v. Georgia case drove most states to change capital punishment law to verify that is was done reasonably to keep away from the separation. There has been and constantly will be respectful contentions about the death penalty if it is sensible or cruel and astonishing control. Moreover, there are consistently going to be open consultations and Incomparable Court Cases held to check whether the frameworks for execution of the death penalty harm individuals ' rights.
“The penalty of death differs from all other forms of criminal punishment, not in degree but in kind. It is unique in its rejection of rehabilitation of the convict as a basic purpose of criminal justice. And it is unique, finally, in its absolute renunciation of all that is embodied in our concept of humanity.” (Potter

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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.

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Execution is the act of carrying out of a sentence of death on a condemned person. This is carried out either by lethal injection or electrocution. Execution despite its barbaric nature has survived in many legal system and will continue to because it: reinforces a state of security of the general public, detters other individuals from committing such crimes, and enforces the concept of cause and effect within the legal system. In the text “The Penalty of Death” H.L. Mencken discusses not only why he supports executions, but also the ripple effects this action has on a society. While in a text entitled “Death Penalty,” Anna Quindlen discusses her objections to execution, because, as she states:”it consists of stooping to the level of the

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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.

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Context and Constitutional Question Gregg v. Georgia is a court case that started with the “prosecution for a double murder committed in the course of a robbery”(Coenen, 2004). It was a court case among many others involving the issue of the death penalty. The constitutional question that gave Gregg v. Georgia importance was whether “the imposition of the death sentence prohibited under the Eighth and Fourteenth Amendments as ‘cruel and unusual’ punishment?”(Gregg v. Georgia). The case was basically about if the death penalty violates the 8th and 14th amendment of the constitution because it can be viewed as a punishment that is too cruel or severe, as killing someone over a crime is unusual to some extent. This was the main question of the

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Furman believed that his death sentence was unfair and he appealed his death sentence. He believed that the application of death sentences were unfairly administered and disproportionately targeted African Americans. The issue was whether or not the imposition of the death

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The issue in this case is whether the imposition of the sentence of death for the crime of murder under the law of Georgia violated the Eighth and Fourteenth Amendments. Gregg argued that the sentencing procedure allows for arbitrary grants of mercy that reflects a misinterpretation and ignores the reviewing authority of the Georgia Supreme Court to determine whether each death sentence is proportional to other sentencing for similar crimes. Gregg was pleading for a life sentence instead of death. Georgia argued that the statute did not constitute a cruel and unusual punishment and did not violate the Eighth and Fourteenth amendments. Georgia also argued and proved that there must be specific jury findings as to the circumstances of the crime to determine whether the death sentence was fair for the case.

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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).

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So when they received the McCleskey v. Kemp case for review, they were asked to answer the constitutional question of whether or not the statistical study provided proved that the death penalty was imposed due to the plaintiff’s race and his victim’s race. In a 5-4 decision the Court ruled that McCleskey’s Eighth and Fourteenth Amendment rights were not violated and that the study did not prove that racial considerations were present. Along with the ruling the majority of the court provided their analysis of the

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“The law may be color-blind as it is written, but not as it is enforced.” Racial bias in the death penalty can be traced back to Furman v. Georgia, where handing down the death penalty sentence, unfairly, constituted as a cruel and unusual punishment, violating the Eighth and Fourteenth Amendments. The reinstatement of the death penalty with its new sentencing guidelines, implemented by the Supreme Court, was to ensure that the death penalty sentence was used in a constitutional way. Despite these guidelines, somehow, racial bias has found a way to thrive. It has been documented that an individual is more likely to receive the death penalty in a case where the victim is White than in cases where the victim is Black.

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