NCJ Number
13838
Date Published
1973
Length
30 pages
Annotation
EXPLANATION OF THE STATUS OF CAPITAL PUNISHMENT IN THE UNITED STATES IN LIGHT OF THE SUPREME COURT'S 1972 'FURMAN V. GEORGIA' DECISION.
Abstract
ON JULY 29, 1972, THREE DEATH PENALTY SENTENCES WERE SET ASIDE BY THE UNITED STATES SUPREME COURT IN FURMAN V. GEORGIA. THE COURT RULED THAT 'THE IMPOSITION AND CARRYING OUT OF THE DEATH PENALTY IN THESE CASES CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH AND FOURTEENTH AMENDMENTS'. THE FURMAN DECISION MARKED A MAJOR SHIFT IN THE COURT'S POSITION TOWARD THE CONSTITUTIONALITY OF THE SANCTION, FOR IN THE COURT'S 182 YEAR HISTORY THE PENALTY OF DEATH HAD SEVERAL TIMES BEEN IMPLICITLY HELD NOT TO BE IN VIOLATION OF THE CONSTITUTION. THIS STUDY EXPLAINS THE PRESENT STATUS OF THE DEATH PENALTY IN THE UNITED STATES IN LIGHT OF THE FURMAN DECISION. ITS APPROACH CENTERS ATTENTION ON FOUR MAJOR AREAS 1) A BRIEF HISTORICAL ACCOUNT OF THE DEVELOPMENT AND USE OF CAPITAL PUNISHMENT, 2) ITS LEGAL HISTORY FROM ENGLISH LAW TO RECENT UNITED STATES SUPREME COURT RULINGS, 3) AN EXAMINATION OF THE 1972 SUPREME COURT DECISION (FURMAN V. GEORGIA), AND 4) A SURVEY OF STATE LEGISLATION REENACTING THE PENALTY SINCE THE COURT'S DECISION.