Furman v. Georgia
- Decided
- June 29, 1972
- Docket
- 69-5003
- Status
- Published
- Jurisdiction
- Federal
Cited 5,066 timesNo negative treatment found in this library
What later courts said
- holding that the imposition of the death penalty in an arbitrary manner constitutes cruel and unusual punishment in violation of the eighth and fourteenth amendments to the United States Constitution — State v. Brett (1995)
- holding that the death penalty scheme in Georgia constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments — William Holly v. State of Mississippi (2011)
- holding that death penalty cannot be imposed using sentencing procedures that create a risk of arbitrary and discriminatory enforcement — United States v. Alejandro Umana (2014)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Pee Curiam.
Petitioner in No. 69-5003 was convicted of murder in Georgia and was sentenced to death pursuant to Ga. Code Ann. §26-1005 (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 253, 167 S. E. 2d 628 (1969). Petitioner in No. 69-5030 was convicted of rape in Georgia and was sentenced to death pursuant to Ga. Code Ann. § 26-1302 (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 790, 171 S. E. 2d 501 (1969). Petitioner in No. 69-5031 was convicted of rape in Texas and was sentenced to death pursuant to Tex. Penal Code, Art. 1189 (1961). 447 S. W. 2d 932 (Ct. Crim. App. 1969). Certiorari was granted limited to the following question: “Does the imposition and carrying out of the death penalty in [these cases] constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?” 403 U. S. 952 (1971). The Court holds that the imposi [*240] tion and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The judgment in each case is therefore reversed insofar as it leaves undisturbed the death sentence imposed, and the cases are remanded for further proceedings.
So ordered.
Cite this
Furman v. Georgia, 408 U.S. 238 (1972)Read the full opinion
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