Furman v. Georgia

408 U.S. 238 (1972)

Quick Summary

William Henry Furman (defendant) challenged his death sentence for murder in Georgia, alongside two other cases involving death sentences for rape. The Supreme Court examined whether such capital punishment was ‘cruel and unusual’ under the Eighth and Fourteenth Amendments.

The Court concluded that imposing the death penalty in these instances was unconstitutional due to its arbitrary application, which could lead to discriminatory practices. As a result, it reversed the death sentences in these cases.

Facts of the Case

William Henry Furman (defendant), alongside others, was sentenced to death following his conviction for murder in the state of Georgia. Similarly, two individuals were sentenced to death for rape in Georgia and Texas, respectively. The severity of these sentences prompted an appeal to the Supreme Court, raising the question of whether such capital punishment was consistent with the values enshrined in the Eighth and Fourteenth Amendments of the U.S. Constitution, particularly concerning the prohibition against cruel and unusual punishment.

The case sparked a nationwide debate on the constitutionality of the death penalty and its application, which many argued was applied arbitrarily and disproportionately against certain societal groups. This case thus became a pivotal moment in the examination of capital punishment laws in the United States.

Procedural Posture and History

  1. Furman was convicted of murder and sentenced to death under Georgia law.
  2. Two other defendants were convicted of rape in Georgia and Texas, respectively, and also received death sentences.
  3. The Supreme Court of the United States granted certiorari to review whether the death penalty, as imposed in these cases, constituted cruel and unusual punishment.

I.R.A.C. Format


Whether the imposition and execution of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.

Rule of Law

The Eighth Amendment’s prohibition against ‘cruel and unusual punishments’ is not fixed to outdated standards but may find meaning as societal norms evolve and become more humane. This constitutional protection applies not only to the types of punishments prescribed by law but also to their application, ensuring that they are not administered arbitrarily or discriminatorily.

Reasoning and Analysis

The Supreme Court’s decision hinged on the interpretation of the Eighth Amendment’s ‘cruel and unusual punishments’ clause. The justices considered historical context, including English common law and prior American legal precedents, to determine whether capital punishment—as applied in these cases—was consistent with evolving standards of decency.

The Court found that the arbitrary imposition of the death penalty could indeed be considered cruel and unusual, particularly when lacking clear standards guiding its application, potentially leading to discriminatory practices.

The justices also noted that if a penalty is applied selectively based on race, social status, or other discriminatory factors, it violates the principle of equal protection under the law. They concluded that a punishment must be applied uniformly and not be influenced by societal biases or individual discretion that could lead to unequal treatment.


The Supreme Court held that the imposition and carrying out of the death penalty in these particular cases violated the Eighth and Fourteenth Amendments. Consequently, the judgments imposing the death sentences were reversed, and the cases remanded for further proceedings.

Concurring Opinions

Justices Douglas, Brennan, Stewart, White, and Marshall each provided separate concurring opinions supporting the judgment. They emphasized various aspects such as discrimination in capital sentencing, discretionary application leading to arbitrary results, and evolving standards of decency that render the death penalty unconstitutional when applied without clear standards.

Dissenting Opinions

Chief Justice Burger, along with Justices Blackmun, Powell, and Rehnquist dissented, each providing separate opinions. They argued for upholding the constitutionality of the death penalty and critiqued the majority’s reasoning concerning the application of the Eighth Amendment.

Key Takeaways

  1. The death penalty may constitute ‘cruel and unusual punishment’ if applied arbitrarily or discriminatorily.
  2. The Eighth Amendment’s protections evolve with societal standards of decency.
  3. The Supreme Court has the authority to interpret constitutional provisions like ‘cruel and unusual punishments’ in light of current societal values and judicial precedent.

Relevant FAQs of this case

What role do evolving societal standards play in the interpretation of 'cruel and unusual punishments'?

Evolving societal standards are pivotal in interpreting ‘cruel and unusual punishments’ as the Constitution is considered a living document that adapts to contemporary values. When societal norms become more humane, what was once considered an acceptable punishment may now be viewed as cruel and inhumane, rendering it unconstitutional.

  • For example: The use of corporal punishment in schools was once widespread but has become increasingly viewed as unacceptable, reflecting changing societal norms about discipline and physical harm.

How does the principle of equal protection under the law limit the application of capital punishment?

The principle of equal protection under law requires that capital punishment be administered uniformly and without bias based on race, gender, social status, or other arbitrary factors. To ensure fairness, legal procedures must prevent discriminatory practices in sentencing.

  • For example: If statistics show that a particular minority group is disproportionately sentenced to death for similar crimes as other groups, this could indicate a violation of equal protection principles.

In what ways might the application of the death penalty be considered arbitrary, and why is this problematic?

An arbitrary application of the death penalty occurs when there is no standard ensuring consistent sentencing and the decision appears to be based on random choice or personal whim. This is problematic as it can lead to injustices and undermines public faith in the legal system’s fairness.

  • For example: If two individuals commit similar crimes under similar circumstances but receive markedly different sentences (one death penalty and one life imprisonment), this highlights arbitrariness in sentencing.


Last updated

Was this case brief helpful?

More Case Briefs in Criminal Law