Furman v. Georgia Case Essay
Furman, a black, 26 year old, confessed that he did not know that he had shot or killed the homeowner; all he was trying to do was escape from the house he had set out to burglarize, and did not know that anyone had died …show more content…
Although the court did not rule the death penalty itself unconstitutional, it did find its use to be arbitrary and capricious. For the first time in its long history that the Supreme Court had decided a case against capital punishment and the death sentence was on hold, while state legislatures rewrote their death penalty statutes. The majority of the newly rewritten laws separated the guilt phase from the penalty phase, and provided guidance for the juries during the penalty phase, and included a chance to present both mitigating and aggravating factors.
The debate about whether the death penalty was “cruel and unusual” continued in a 1976 Supreme Court case, Gregg v. Georgia, 428 U.S. 153, 96 S. Ct. 2909, 49 L. Ed.2d 859 (1976). This time the court would look at three issues: