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Legal Brief Case Study

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Legal Brief
CRIJ 4430.02: Law and Society
Group Members: Jonovan Jeffery and Dominique Thompson
Individual Analyses: Jonovan Jeffery
March 26, 2017

CITATION: WILLIAM HENRY FURMAN v. STATE OF GEORGIA, 92 S. Ct. 2726 ... (1972)
FACTS : Furman’s case, joined by the cases of Jackson v. Georgia and Branch v. Texas, was granted certiorari and heard jointly by the Court. Furman, at the time, was burglarizing a home and was caught doing so by a member of the household. Furman attempted to escape the home but fell. Furman was carrying a loaded firearm which went off once he fell and killed a resident of the household. Furman was convicted of murder as a result of the incident and sentenced to death. Although Furman did not intend …show more content…

Douglas point out that cases like Francis v. Resweber and Robinson v. California are examples of case being settled from due process ban of cruel and unusual punishment, which forbids the judicial system of imposing by the legislature. He believes that this type of punishment is targeting people from different race, religion, social position, and/or class. There is evidence that the provision of the English Bill of Rights of 1689, from which the language of the Eighth Amendment was taken, was concerned primarily with selective or irregular application of harsh penalties, and that its aim was to forbid arbitrary and discriminatory penalties of a severe …show more content…

I yield to no one in the depth of my distaste, antipathy, and, indeed, abhorrence, for the death penalty, with all its aspects of physical distress and fear and of moral judgment exercised by finite minds.” Justice Blackmun voted against the death penalty for the policy reasons argued by counsel for the respective petitioners, expressed and adopted in the several opinions filed by the Justices who vote to reverse these judgments. According to Justice Blackmun Dissent opinions he have struggled with many cases involving the death penalty. The first case he struggles with was the Feguer v. United States. The defendant in that case was one of the last to be executed under federal auspices. Second Case was the Pope v. United States. had no hesitancy in writing a panel opinion that held the use of the strap by trusties upon fellow Arkansas prisoners to be a violation of the Eighth Amendment. That, however, was in-prison punishment imposed by

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