Furman v. Georgia (1972)

Definition

This is the first US Supreme Court case to hold that capital punishment was a violation of the cruel and unusual punishments clause and therefore unconstitutional. William Henry Furman was robbing a person’s house and was interrupted when the homeowner arrived. Furman reportedly tried to escape and, while doing so, tripped, which caused the weapon he was carrying to fire killing the homeowner. Furman was tried for murder, found guilty (primarily as a result of his own testimony), and sentenced to death. The US Supreme Court was split five to four in rejecting the imposition of the death penalty. A result could not be agreed upon, but instead the US Supreme Court ruled that utilization of the death penalty in the USA represents “cruel and unusual” punishment, and it violates the Eighth Amendment because it is morally unacceptable to the people of the USA “…at this time in their history.” Seven of the justices did not object to the death penalty itself as unconstitutional,...