Furman V. Georgia Death Penalty Moratorium
Overview: Furman v. Georgia and the Death Penalty Moratorium
Background:
By the early 1970s, the death penalty was applied in an inconsistent and often arbitrary manner across the U.S. Critics argued it violated the Eighth Amendment’s prohibition against cruel and unusual punishment and the Fourteenth Amendment’s guarantee of equal protection due to racial and geographic disparities.
Furman v. Georgia (1972)
Facts:
Furman was convicted of murder and sentenced to death in Georgia. The death sentence was imposed under the state’s existing discretionary system, which lacked clear standards.
Legal Issue:
Does the arbitrary and inconsistent imposition of the death penalty violate the Eighth and Fourteenth Amendments?
Supreme Court Holding:
Yes. In a 5-4 decision, the Court held that the death penalty, as then administered, was unconstitutional because it was applied arbitrarily and capriciously, violating the Eighth Amendment.
Outcome:
The decision resulted in a de facto moratorium on capital punishment across the country. All death sentences were effectively halted until states revised their statutes.
Significance:
The ruling did not declare the death penalty per se unconstitutional, but struck down the way it was imposed. It forced states to create clearer sentencing guidelines to avoid arbitrary sentencing.
Key Opinions in Furman
Per Curiam Opinion:
Each of the five justices in the majority wrote separate opinions, but all agreed that the death penalty as applied was cruel and unusual due to arbitrary sentencing.
Concurring/Dissenting Opinions:
The four dissenters supported the constitutionality of the death penalty as long as it was not cruel per se.
Important Cases Before and After Furman
1. Gregg v. Georgia (1976)
Facts:
After Furman, Georgia revised its death penalty statute to include bifurcated trials and specific sentencing guidelines.
Legal Issue:
Was the revised death penalty statute constitutional under the Eighth Amendment?
Holding:
Yes. The Supreme Court upheld Georgia’s new capital sentencing scheme, allowing the death penalty to resume under guided discretion.
Significance:
Marked the end of the moratorium, establishing that the death penalty is constitutional when applied fairly and with safeguards.
2. Woodson v. North Carolina (1976)
Facts:
North Carolina had a mandatory death sentence statute for certain murders.
Legal Issue:
Is a mandatory death sentence unconstitutional under the Eighth Amendment?
Holding:
Yes. The Court struck down mandatory death sentences, emphasizing individualized sentencing.
Significance:
Mandatory death penalties violate the requirement to consider mitigating factors.
3. Lockett v. Ohio (1978)
Facts:
Defendant argued the sentencing judge was prohibited from considering certain mitigating evidence.
Legal Issue:
Must sentencers be allowed to consider all relevant mitigating evidence?
Holding:
Yes. The Court held that sentencers must consider any aspect of the defendant’s character or record and circumstances of the offense.
Significance:
Reinforced individualized sentencing and broadened mitigating evidence consideration.
4. McCleskey v. Kemp (1987)
Facts:
McCleskey challenged Georgia’s death penalty on racial grounds, citing statistical evidence showing racial disparities.
Legal Issue:
Does statistical evidence of racial disparity prove unconstitutional racial discrimination in sentencing?
Holding:
No. The Court held that disparities alone, without proof of intentional discrimination in a particular case, do not violate the Constitution.
Significance:
Narrowed the scope of racial bias challenges to death sentences, making it difficult to prove unconstitutional racial discrimination.
5. Enmund v. Florida (1982)
Facts:
Defendant was sentenced to death for a felony murder in which he did not kill or intend to kill.
Legal Issue:
Is it constitutional to impose the death penalty on a defendant who did not kill or intend to kill?
Holding:
No. The Court limited death penalty eligibility to defendants who kill or intend serious bodily harm.
Significance:
Placed limits on who can be sentenced to death, protecting less culpable defendants.
6. Atkins v. Virginia (2002)
Facts:
Atkins was sentenced to death but had intellectual disabilities.
Legal Issue:
Is executing intellectually disabled individuals constitutional?
Holding:
No. The Court held that executing individuals with intellectual disabilities violates the Eighth Amendment.
Significance:
Banned execution of intellectually disabled defendants.
Summary Table
| Case | Year | Issue | Outcome | Significance |
|---|---|---|---|---|
| Furman v. Georgia | 1972 | Arbitrary death penalty | Death penalty as applied unconstitutional | Imposed nationwide moratorium on death penalty |
| Gregg v. Georgia | 1976 | Revised sentencing procedures | Death penalty constitutional | Ended moratorium; upheld guided discretion |
| Woodson v. NC | 1976 | Mandatory death sentence | Unconstitutional | Must allow individualized sentencing |
| Lockett v. Ohio | 1978 | Consideration of mitigating evidence | Required | Expanded mitigating evidence consideration |
| McCleskey v. Kemp | 1987 | Racial disparities in sentencing | No constitutional violation | High burden for proving racial bias |
| Enmund v. Florida | 1982 | Death penalty for non-killers | Unconstitutional | Limited death penalty eligibility |
| Atkins v. Virginia | 2002 | Execution of intellectually disabled | Unconstitutional | Prohibited execution of mentally disabled |
Key Takeaways
Furman v. Georgia did not abolish the death penalty but ended arbitrary sentencing.
It led to reforms requiring guided discretion and bifurcated trials.
Later cases emphasized individualized sentencing and limited who could be executed.
Racial and disability-related challenges face high hurdles post-Furman.
The death penalty remains constitutional but with strict procedural safeguards.
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