The Death Penalty: Furman V. Georgia

Improved Essays
Capital punishment or the death penalty, has been used in the United States since the country’s founding in 1776. Back then, executions were performed publically throughout towns, and have been controversial from the beginning. I find the death penalty to be an extremely arbitrary and primitive act that should not be practiced anymore. We are at an advanced time in society and the U.S. is the only english speaking country to still practice this cruel and unusual act.

The 8th Amendment of The Constitution states that cruel and unusual punishments shall not be inflicted upon any person. To kill someone, especially as a punishment for killing another human does not make any sense. Killing someone as a punishment is very random, the
…show more content…
Georgia was the first in the United States to abolish the death penalty. This case dealt with three separate cases as a whole. All three cases dealt with African American males committing various crimes in the state of Georgia. The first male William Henry Furman was 26, had not completed the 6th grade, and was diagnosed as moderately mentally deficient, suffering from psychotic episodes. The next male, Lucious Jackson, was 21 and had escaped from imprisonment, then committed multiple crimes including raping a white female. Jackson was said to be tainted from the way he was brought up. The final male in the case, Elmer Branch was an ex-convict who raped an elderly white women and committed felony theft . Branch was found to have an IQ far below average. Each of these males were African American and had in some way harmed a white person. All three of the men were deemed to have slight to moderate mental deficiencies which inhibited them from acting “appropriately”. The court ruled against the proposed killing of all three men deeming it unconstitutional by the 14th and 8th Amendments as cruel and unusual …show more content…
It has, however been proven that one out of three executions held are of an African American, a race that only constitutes 13% of the U.S. population. A study from 1983 led by a professor from Iowa found the African Americans were twice as likely to be put to death than white people. A decision to kill someone which is tainted by racial opinion seems to cruel and unusual punishment and in violation of the 8th Amendment. Race is something that a person has absolutely no control over and to give a whole group of people the upper hand in whether or not they can live, based on their race, is absolutely ludicrous and violates the 14th Amendment granting Americans equal protection of the laws.

Supporters of capital punishment have stated that the death penalty is humane as it delivers a quick and painless way to rid the world of criminals. Why, would we want to provide someone who has a committed a horrendous crime and “quick and painless” way out of dealing with the consequences of what that have done? If the death penalty is meant to punish and make someone think about the way they have acted why let them off so

Related Documents

  • Improved Essays

    Troy Davis Death Penalty

    • 1414 Words
    • 6 Pages

    Troy Davis of Georgia was execution. Davis was accused of shooting off an duty Officer Mark MacPhail. Years of investigation without physical evidence and with eyewitness testimony changing. Troy Davis die due to legal injection September 2011. Over the 20 year period Davis gained fans and respect nationwide because of the questionable decision to sentence him to the death penalty.…

    • 1414 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Although some believe that it violates the 8th amendment that forbids any cruel and unusual punishment, but the only crimes that are punishable by death are espionage, terrorism, treason, large scale drug trafficking, federal murder, or attempt to kill a witness, juror, or anyone affiliated with the trial. The 8th amendment was originally used to prevent judges from making bails based of biased decisions and opinions. It also prevented cruel and unusual punishment from being placed for crimes that aren 't as harsh as they might be punished for. Since it is not clear on what it means by “cruel and unusual,” the dismissal of the death penalty cannot be justified by the 8th Amendment without a more clear, concise definition. Some of the amendments might be a little out dated and aren 't put to use in modern times.…

    • 1174 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Mississippi. 1936). From there the judges went into details to explain how the defendants were beaten and how marks were visible in the courtroom the day after the “confessions” were made. One of the defendants was hung by a tree and whipped until he would give a confession which he ultimately did end up doing. The other two defendants were also picked up from their home and brought to the jail.…

    • 740 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Moratorium Imposed a moratorium on capital punishment. The governor of Washington said "Equal justice under the law is the state's primary responsibility. And in death penalty cases, I'm not convinced equal justice is being served," the first-term Democratic governor said. "The use of the death penalty in this state is unequally applied, sometimes dependent on a budget of the county where the crime occurred." Literature Gregg v. Georgia Petitioner was charged with committing armed robbery and murder.…

    • 645 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Furman v. Georgia case of 1972 put a temporarily hold on the death penalty in the United States. Supreme Court Judges found that the death penalty in this case where Furman dropped his gun while running away from the scene of the crime, and the gun went off and killed a resident, “constituted cruel and unusual punishment and violated the Constitution.” Not only did this case suspend the death penalty but it also made crimes such as rape not punishable by death, “on June 29, 1972, the Supreme Court effectively voided 40 death penalty statutes…and suspending the death penalty because existing statutes were no longer valid.” The Furman v. Georgia case would change the face of death penalty cases for the foreseeable future in the United…

    • 528 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    I found that this decision of the Supreme Court to very hypocritical because in the Stanford v. Kentucky case, the Supreme Court ruled that Stanford should be sent to the death penalty and did not have a problem executing a minor which violates the 8th and 14th amendment. The Supreme Court should have just sentences the defendant to the death…

    • 1040 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Prior to reading his thoughts I would say that I probably sat on the fence in the middle, I wasn’t really for it nor was I against it. However, after really reading what Judge Marshall said about the topic, I do believe it is a violation of a person’s eighth amendment rights to cruel and unusual punishment. I feel that my decision goes further than the violation of the amendment. I also did a little extra research and found that it is more expensive to execute someone rather than have them serve a sentence of life without the…

    • 1665 Words
    • 7 Pages
    Great Essays
  • Great Essays

    Capital punishment has been in effect for many years with the hopes that people will witness and learn from the mistakes of others and in turn deter crime. In the case of Wilford Berry, also known as The Volunteer, capital punishment was enforced after an incident that took place on November 30th, 1989. Wilford Berry shot and killed Charles Mitroff, a man who employed Berry at his bakery in Cleveland, Ohio. During the robbery, Anthony Lozar, Berry’s accomplice, shot Mitroff in the chest. While Mitroff begged for his life, Berry delivered the second fatal shot through Mitroff’s head.…

    • 2093 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    Furman V. Georgia

    • 305 Words
    • 2 Pages

    The death penalty has taken several jabs that have led to its temporary halt and many restrictions. The Furman v. Georgia, 408 U.S. 238 (1972), was a case that combined two other defendants. All three defendants were African Americans, convicted and sentence to death. Two of the defendants were sentence by the state of Georgia, one for murder and the other for rape, while the third defendant was sentence by the state of Texas for rape. Fighting for equal protection under the law, this case were argued on January 17, 1972 and decided in the same year on June 29, with a five-four majority ruling victory.…

    • 305 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Death Penalty violates the eight amendment, which applies to the fifty states as well. The term cruel and unusual punishment would be the reason of the violation. Beside the violation of rights the Death Penalty has not been proven to deter crime, victims of the Death Penalty are also found innocent in later years. The expenses for Death Row trials and inmates higher than other inmates, and the Death Penalty sentences are given to African American significantly higher than White Americans.…

    • 449 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    When a group of nine unemployed African American men were traveling on the same train in search of jobs, they did not know that their lives would be changed forever. These young men, widely known as the “Scottsboro Boys”, left the train falsely accused of raping two white women. This tragic case became a significant symbol in American history, and an accurate representation of American injustice during the time period of the Great Depression. Although there was very weak evidence that supported a guilty verdict, the Scottsboro Boys were not given a fair trial. Due to societal circumstances at the time, fair trials between African Americans and whites in the United States were almost unheard of.…

    • 583 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    The death penalty is degrading human dignity, affects more than the person being executed, but also teaches people killing people is the way to prove killing is wrong. “The Eighth Amendment to…

    • 359 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    In an article about constitutional rights it said, “The U.S. Supreme Court has determined that a penalty must be proportional to the crime; otherwise, the punishment violates the Eighth Amendment's prohibition against cruel and unusual punishments” (Legal Information Institute 2017). As people grow older they are always taught that no matter what a person has done to us, we are not supposed to impose the same force on the person who has hurt us. Yet the United States' legal system describes the death penalty as an eye for an eye. The death penalty goes against the moral rights of some and it is unjust that a jury of twelve gets to decide the fate of a someone else's life, there are many forms of punishment so why does the United States prefer this…

    • 1033 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Electric Chair Pros And Cons

    • 2503 Words
    • 11 Pages

    The death penalty has been in the United States since the first settlements were built. In that time an estimated 16,000 criminals have been put to death since the first recorded execution, back in 1608 (Ford). A amount of those criminals had killed at least one person, and good portion of them would not stop killing until they were stopped. Luckily, the criminals that were planning on never stopping, or were not able to stop, were caught and brought to justice. When the criminal is convicted, the family can feel some measure of relief about what has happened and that justice has been served knowing the criminal is off the streets.…

    • 2503 Words
    • 11 Pages
    Improved Essays
  • Improved Essays

    Capital punishment is a subject that can be and has been debated for lengthy amounts of time. There are still many countries that perform executions today, but many of these countries differ from the United States greatly. While the death penalty has been used as early as eighteenth century B.C., there is no doubt that there are many factors that make the death penalty a questionable subject in the modern United States. The death penalty should not be utilized in the United States because it is costly, inhumane, and inaccurate.…

    • 812 Words
    • 4 Pages
    Improved Essays