Famatigan, Ara Cheska D.

FURMAN vs. GEORGIA

FACTS:
This is a case were Petitioner Furman was convicted of rape and murder to which the
penalty assigned for the conviction is death penalty. Upon conviction, Furman and
Branch who is one of the other appellants, were mentally challenged regarding the
penalty imposed to them.
Furman and the two other appellants petitioned the Supreme Court regarding the
conviction and sentence imposed to them. They claimed that the penalty imposed to
them is violative of the Eight Amendment of the Constitution.

ISSUE:
Whether or not death penalty violates the Eighth Amendment right against cruel and
unusual punishment.

RULING:

Yes. In this case, death penalty violates the Eighth Amendment. The Court reversed the
lower court’s rulings. Convicting Furman with rape and murder and imposing death
penalty established a cruel and unusual punishment which violates the Eighth
Amendment.

Therefore, the Supreme Court ruled that the death penalty was unconstitutional
and it violated the Eighth Amendments. This decision resulted to temporarily
banning the sentence of death penalty.

OPINIONS:

In the concurring opinion of Marshall, abolishing the death penalty is a sign of the
country’s advancement. Regarding the issue, Marshall stated that if the punishment
will be utilized it will no longer be constitutional. He also compared it to other states
which have capital punishment. To other states, they have narrowed the use of such
penalty. Americans believed that death penalty is a one-sided penalty and it is unfair.

In the concurring of Stewart, he believed that capital punishment is different to

rehabilitation. It is irreversible and inhumane. He believes that it is harsh to the people
and unequal. 
In the concurring opinion of Douglas said that it death penalty is unreasonable. He
states that some minors especially the poor who executed crimes would be imprisoned.
He also believes that the judges does impose death sentences out of bias. The Eighth
Amendment requires the laws to be written and applied fairly to all persons and must
be humane.

In the concurring opinion of White, he believes that it violates the Eight Amendment.

In the dissenting opinion of Burger, he states that capital punishment serves the
legitimate state goals of helplessness and restricted. He believes that it is constitutional
and the Framers of the Constitution just want to prevent torture.

In the dissenting opinion of Blackmun, he believes that death penalty should be

abolished because it is cruel.

In the dissenting opinion of Powell, he believes that the poor members of society are has
a great chance to receive the death penalty that will give result of having an unequal
treatment.