In Furman v. Georgia, William Henry Furman was robbing a house and the person that lived there discovered Furman. Furman by accident he claimed, as he was leaving the house he tripped and his firearm shot the owner killing him. His previous statement had been that he had turned and blindly shot the victim. He was found guilty of committing murder during a robbery and was punished to death. However, Furman was never put to death. The Supreme Court ruled in a 5-4 decision the court decided that the death penalty was cruel punishment that violated the Constitution. Only two justices believed that the death penalty was unconstitutional those being Brennan and Marshal. The rest believed the death penalty is too arbitrary. States now had “to adjust
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Georgia consisted of 5 other cases took place in 1976. In all 5 cases a defendant had been convicted of murder and sentenced to death. The defendants had gone to their states, but decided once that failed to go to the Supreme Court. This case would give the final word on the death penalty. The Supreme Court decided in a 7-2 Justice Stewart wrote the majority saying that the death penalty was “ cruel and unusual in the same way that being struck by lighting is cur and unusual” .(Wiki) . The court set up a way to help these state create death penalty scheme. The first part was that “the scheme must provide objective criteria to direct and limit the death sentencing discretion. The objectiveness of these criteria must in turn be ensured by appellate review of all death. Second the scheme must allow the sentencer to take into account the character and record of an individual defendant.”(Wiki) This allowed for states to now have guidelines to go by, which they had lacked before. Following this case other cases would lead to the forbidding of the death penalty for felony murder (Coker v. Georgia). In cases of rape the death penalty was gotten rid of. Then Atkins v. Virginia got rid of the penalty for the mentally handicapped. Roper v Simmons banned it for juvenile murders. These subsequent precedents would lead to the death penalty now having criteria for states to follow.
Georgia consisted of 5 other cases took place in 1976. In all 5 cases a defendant had been convicted of murder and sentenced to death. The defendants had gone to their states, but decided once that failed to go to the Supreme Court. This case would give the final word on the death penalty. The Supreme Court decided in a 7-2 Justice Stewart wrote the majority saying that the death penalty was “ cruel and unusual in the same way that being struck by lighting is cur and unusual” .(Wiki) . The court set up a way to help these state create death penalty scheme. The first part was that “the scheme must provide objective criteria to direct and limit the death sentencing discretion. The objectiveness of these criteria must in turn be ensured by appellate review of all death. Second the scheme must allow the sentencer to take into account the character and record of an individual defendant.”(Wiki) This allowed for states to now have guidelines to go by, which they had lacked before. Following this case other cases would lead to the forbidding of the death penalty for felony murder (Coker v. Georgia). In cases of rape the death penalty was gotten rid of. Then Atkins v. Virginia got rid of the penalty for the mentally handicapped. Roper v Simmons banned it for juvenile murders. These subsequent precedents would lead to the death penalty now having criteria for states to follow.