NCJ Number
14103
Journal
Baylor Law Review Volume: 26 Issue: 1 Dated: (WINTER 1974) Pages: 114-122
Date Published
1974
Length
9 pages
Annotation
AN ANALYSIS OF THE OPINIONS OF THE MAJORITY IN THE FURMAN V. GEORGIA SUPREME COURT CASE TO EVALUATE THE LIKELIHOOD THAT A NEW TEXAS DEATH PENALTY STATUTE WILL BE CONSIDERED CONSTITUTIONAL BY A MAJORITY OF THE SUPREME COURT.
Abstract
OF THE FIVE JUSTICES IN THE MAJORITY IN THE FURMAN CASE, JUSTICES BRENNAN AND MARSHALL ARE DEEMED TO CONSIDER THE DEATH PENALTY UNCONSTITUTIONAL PER SE. THE OPINIONS OF THE OTHER THREE JUSTICES ARE CONSIDERED TO LEAVE THE WAY OPEN FOR DEATH PENALTY STATUTES THAT MEET CERTAIN CONDITIONS WITH SPECIAL REFERENCE TO RESTRICTING THE DISCRIMINATORY POWERS OF THE JURY IN IMPOSING THE SENTENCE. IN THE JUDGEMENT OF THE AUTHOR, THE TEXAS STATUTE PROVIDES TOO MUCH DISCRIMINATORY POWER FOR THE JURY TO BE ACCEPTABLE TO ANY ONE OF THE THREE JUSTICES. HE SUGGESTS THAT A STATUTE WITH A MANDATORY DEATH PENALTY PRESCRIBED FOR CERTAIN CRIMES WOULD HAVE A GOOD CHANCE OF PASSING THE SCRUTINY OF A MAJORITY OF THE SUPREME COURT.