Furman V. Georgia Case Analysis

Though it may seem that the debate over the death penalty only most recently surfaced, the dreadful tradition of capital punishment arrived in the United States at the time of the colonists. In the 17th century, most people were hung, beheaded, burned alive, or crushed under stones. All of these were in public, where a large crowd gathered to watch the horrible sight, similar to the tradition in old Europe. Eventually, the 19th century favored hanging as the most common form of execution. This marked the start of a more humane approach accepted as constitutional as executions moved away from the public eye. More developments came in the 1800’s as a movement to abolish capital punishment arose. This effort was stalled for a time during the Civil

Comparing these two cases, the legal system did not really work fairly to show justice because if in accordance with the absolute interpretation of the 8th Amendment and the 14th Amendment, Gregg will never be sentence to death; this not only unfair to him but also disrespects for the authority of the legal system. Let us finally look at the case of “Callins v. Collins” in 1994, in this case, even though the convict Callins was put to death by lethal injection, there was a justice stood up to struggle on save Callins’ life, and his name was Harry Andrew Blackmun, who had voted in “Gregg v. Georgia” to restore the death penalty. Blackmun claimed that he had no longer supported the death penalty because he did not believe that the capital sentencing procedures were still working, and restoring the death penalty was a big

Frank Newport of Gallup News Service did a study on the public’s opinion of the death penalty and 69 percent replied with “yes” when asked if they were in favor the death penalty (Newport, 2007). His report also states that every year since 2001 when he polled the question “Is the death penalty morally acceptable?” the majority of the public has responded with “yes” (Newport, 2007). According to Newport’s study, most men (76%), women (62%), republicans (81%), democrats (60%), whites (73%) and non-whites (55%) are “in favor of the death penalty for a person convicted of murder” (Newport, 2007). This study supports the fact that the majority of society agrees that the death penalty is a just and fair way to punish convicted murderers.

In 1972, the Supreme Court ruled that the death penalty systems then in place were unconstitutional violations of the Eighth Amendment’s prohibition on “cruel and unusual” punishments. In response to the decision many states changed their death penalty systems. Four years later in Gregg v. Georgia (1976), the Court reaffirmed the death penalty as constitutional. Troy Gregg had been found guilty of murder and armed robbery and sentenced to death. He asked the Court to go further than it had in the Furman case, and rule the death penalty itself unconstitutional (n.d.,Web).

In David M. Oshinsky’s book, Capital Punishment on Trial: Furman v. Georgia and the Death Penalty in Modern America, he discussed the case of Furman v. Georgia. He explores the controversy that capital punishment holds in the United States of America. The death penalty has been in practice for many centuries. For example, “In Massachusetts, where religion had played a key role in settlement, crimes like blasphemy, witchcraft, sodomy, adultery, and incest became capital offenses, through juries sometimes hesitated to convict” (Oshinsky, 2010). For the punishment of death these offenses do not fit the crime. However, capital punishment at this time was rarely criticized. The death penalty demanded many executions including public ones. Many of these were hangings and were public events. After the American Revolution the death penalty began to be questioned. For example, Benjamin Rush stated, “Capital punishments are the offspring of monarchial governments. Kings believe that they possess their crowns by a divine right. They assume the divine power of taking away human life” (Oshinsky, 2010). By the 1840’s there were organized groups opposing the death penalty such as the Society for the Abolition of Capital Punishment. Within the coming years, the support for capital punishment fluctuated. Throughout the book, Oshinsky explores the many cases leading up to the Furman v. Georgia decision.

Capital Punishment has ended the lives of criminals for centuries. People have debated whether the government should have the power to decide one person’s life. On one side, people think the government does not have the right to play God as well as believe that the death penalty is simply unethical. Forty-eight percent of a half sample survey stated that life imprisonment was a better punishment for murder while forty-seven percent stated that capital punishment was a better punishment (Newport). However, capital punishment should be enforced throughout the country to help deter crime, benefit the economy, and ensures retribution.

In the United States, 36 states participate in capital punishment in one or more of the five different forms, including lethal injection, electrocution, gas chambers, firing squad, and hanging (“Description of Execution”). After being banned in 1972, several states sought to bring back capital punishment by providing sentence guidelines for both jury and judges when deciding the fit case in which to impose death (“Introduction to the Death Penalty”). These guidelines proved the punishment was constitutional under the Eight Amendment, proving it wasn’t “cruel and unusual” punishment under the correct circumstances. Three procedural reforms were approved by the case Gregg vs. Georgia, including bifurcated trials (separating guilt and penalty phases of trial), automatic appellate reviews of court decisions, and proportionality review to help eliminate sentencing disparities (“Introduction to the Death Penalty”). Ever since these changes in 1976, the death penalty

In the United States, the use of the death penalty continues to be a controversial issue. Every election year, politicians, wishing to appeal to the moral sentiments of voters, routinely compete with each other as to who will be toughest in extending the death penalty to those persons who have been convicted of first-degree murder. Both proponents and opponents of capital punishment present compelling arguments to support their claims. Often their arguments are made on different interpretations of what is moral in a just society. In this essay, I intend to present major arguments of those who support the death penalty and those who are opposed to state sanctioned executions application . However, I do intend to fairly and accurately

This criminal code is one of the most sophisticated in the country and has become a model for other states to follow. But research studies conducted to compare effects of the death penalty nationwide have shown some conflicting results. Comparison studies done to show homicide rates of retentionist and abolitionist jurisdictions from 1999 to 2001 (Sorenson & Pilgrim) have shown that death penalty states tend to have a higher murder rate than abolitionist states. This result creates the argument of the overall deterrent effect of execution. Texas is still in the top 20 of states with the highest homicide rate even though it is the highest in death penalty executions. “If the death penalty were a deterrent, the argument goes, then Texas should be located among those states with the lowest homicide rates” (Sorenson & Pilgrim, P. 25).

The de Facto moratorium on the death penalty imposed by the Court in its decision in Furman v. Georgia (1972) got ended by this decision essentially. This assignment is about the analysis of judicial decision of Gregg v. Georgia (1976) and its influence on politics, public opinion, political party affiliation, judicial background and legal subculture.

The case of Furman v. Georgia was decided on June 19th of 1971 and it was overturned Furman's execution. The court stated that unless a uniform policy of determining who is eligible for capital punishment exists, the death penalty will be regarded as “cruel and unusual

Gregg v. Georgia: Excerpts from the Majority Opinion used concrete facts to support their position on the death penalty. Using documented laws to create their position. The reversal of the 1972 ruling in 1976 to reinstate the death penalty. Making note that cruel and usual punishment was first documented in the 1689 bill of rights and the death penalty still qualifies (Boss, 2012. pp 262).

Hideous crimes deserve the death penalty, or so the southern state of Georgia says. Consequently, Georgia holds one of the nation’s top records for carrying out capital punishment, with more than 950 implementations in its 250 year history of executions. Meanwhile, national scholars continuously debate death penalty pros and cons, and the debates ignite both passion and protests. Georgians opposing the punishment intensely explicate numerous reasons for overturning the law, including unreasonable cost, increased crime, and inhumanity. Supporters quickly rally behind the law asserting that Georgia does not demand capital punishment for any minor offenses, most non-fatal indictments, and many fatal indictments; Georgia only demands this hideous punishment for murderers who kill viciously, brutally, violently, and unjustly. Supporters also disagree with the reasons presented by the opposition because there are solid statistical studies that can refute each of these arguments. Consequently, Georgia should continue its support of the death penalty because capital punishment is ethical by Biblical standards, efficient by economical standards, and effective by statistical standards.

Brooklyn Scobee Dr. David Marble LAW-100-43 10, November 2015 Annotated Bibliography Burgason, K., & Pazzani, L. (2014). The Death Penalty: A Multi-level Analysis of Public Opinion. American Journal Of Criminal Justice, 39(4), 818-838. http://dx.doi.org/10.1007/s12103-014-9261-7

In this paper, the authors examine how the death penalty argument has changed in the last 25 years in the United States. They examine six specific issues: deterrence, incapacitation, caprice and bias, cost innocence and retribution; and how public opinion has change regarding these issues. They argue that social science research is changing the way Americans view the death penalty and suggest that Americans are moving toward an eventual abolition of the death penalty.