Case Overview
Furman v. Georgia is a case that was presented in the Supreme court to determine whether the infliction of the death penalty was cruel and unusual punishment and against the Eighth and Fourteenth Amendments.
On the night of August 11, 1967, Mickey and his family were asleep in their Savanna Georgia home when they heard some noises. Mickey went to investigate the disturbance and saw an African American man, Furman, attempting to flee. Furman claims to have stumbled and fallen while escaping, accidentally shooting and killing Mickey. Charged with murder, he was sentenced to death on an electric chair.
The Supreme Court found the death penalty to be cruel and unusual punishment and a breach of the Constitution. Each judge wrote their own opinion. Two judges, Justices Brennan and Marshall, found the sentencing unconstitutional. The States and National Legislature, under the court ruling, had to rewrite their laws, removing any discriminatory effects related to capital punishment as put in the Eighth Amendment to the United States Constitution.
Lasting Impact: What punishment is too harsh for a crime committed.
The Supreme Court has occasionally had to reject ruling from the lower courts, especially when the punishment was too severe. For Instance, the court Revokingcitizenship as punishment for misbehavior. In Trop v. Dulles’s case of 1958, an Army private Albert Trop passport application is rejected. He’s informed to have lost his Citizenship as a punishment for escaping his disciplinary conviction. Albert Trop had surrendered the next day. This punishment in line with Section 401(g) of the amended 1940 Nationality Act. The Supreme Court revoked punishment from both the district and Second Circuit of Appeals, declaring that such misconduct is not worthy of terminating one’s Citizenship.
Punishment that upsets society’s sense of justice for the crime.
People rely on courts to make a judgment that is fair, just, and befits the crime committed. At times crimes, especially those committed by people in power, go unpunished or receive very minimal punishment in comparison with the crime committed. This offends society’s sense of justice. Many cases of embezzlement, corruption, and fraud where punishment under the law should be years in prison, the people often get out on bails and fines, which is unjust to society. For Instance, Mcdonnel v. US case where the governor was found guilty of a felony and got out on bond. He was sentenced to two years in prison but never served the term because the Justice Department later dismissed the case.
Crimes with fewer penalties.
Some crimes may not require severe punishment, depending on their nature. For Instance, petty thefts or some minimal crimes related to disturbance of the peace. John Cohen, who was then 19 years old, had worn a jacket with the initials “Fuck The Draft. Stop The War” against the Vietnam war. He was charged with intentional disturbance of peace, which was prohibited in California’s statute and sentenced to 30days jail. Later, the Court found the draft to be prohibiting freedom of speech, which was protected by the First Amendment.
On the other hand, the words were not directed to anybody in particular and that the initials could be interpreted differently by different people. Therefore the crime was not worth sentencing one to jail. A warning or caution of the impact of the words would have been worthy.
Thoughts on the case.
Furman V. Georgia case was a very controversial case for America during the era it had happened. A racial minority individual had challenged the supreme Court on capital punishment, stating that it was not fair and just. The case was so important that each of the nine judges had to write their own opinion. This case helped the conviction of two African American men: Lucious Jackson and Elmer Branch, both convicted of Rape to receive a punishment other than death. It also gave the minority groups a chance to speak up against racial biasness in the judiciary. It was a landmark that saw new laws treating everyone equally be formed.
Outcome of the Case and its impact on the criminal justice system today.
The Supreme Court’s determined that the imposition of the death penalty in the three cases brought before the judges not only breached the Constitution but constituted cruel and unusual punishment. With a division with judge expressing their view, the judges laid a two hundred page of their own opinion. Only Justices Brennan and Marshall found the penalty absolute unconstitutional. From previous penalties, a trend of black people being sentenced to death penalties showed signs of racial biasness. The Court’s decision forced states and the national legislature to rethink their statutes for capital offenses to ensure that they were not discriminatory or bias in any way.
Since then, Courts and Legislatures have come up with many laws ensuring that every person is treated and receives fair punishment regardless of their race. Death penalties on most crimes have been revoked except a few upon conviction for a capital offense, e.g., Greg v. Georgia case where the Court upheld the death penalty. Even so, the black community and other racial minorities still feel that the laws put up have not had a major impact on protecting them against discrimination. They still feel that they are more likely to be arrested, convicted, and receive more time in prisons in comparison to the white population.
References
Mclean Kyle. “A Sense of Injustice Loosens the Moral Bind of Law: Specifying the Links Between Procedural Injustice, Neutralizations, and Offending.’’ Behavior. Sage Journals. 29Oct, 2015.
https://journals.sagepub.com/doi/10.11770093854815609655