Legal Brief Case Name:Furman v. GeogiaCase Number: 408 US 238 (1972)The FactsThe appellant of case Furman v. Georgia were Furman, Jackson, and Branch. They were all sentenced to death, Furman for murder and Jackson and Branch for rape. According to oyez, Furman was burglarizing a house when he tripped and fell, that made his gun go off and kill the resident of the house. It was taken to court because it was in question whether or not it was violating the 8th and 14th amendments.The mogordy court dissed it was cruel and bias against blacks. The Law and Legal QuestionsAccording to (https://www.oyez.org/cases/1971/69-5030) the question of the case is “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?” “The 8th amendment is excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The 14th amendment section 1 is All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (U.S.Const.amend. VIII and XIII) It violate the the 8th amendment because the punishment might not fit the crime. The 14th amendment is violated because life, liberty, and property and the death penalty is taking away the person’s life. ArgumentsThe Appellant of the case was Furman. Furman side argued that the death penalty was a cruel and unusual punishment.(https://www.oyez.org/cases/1971/69-5030) The Respondent was Georgia. According to https://www.oyez.org/cases/1971/69-5030 Dorothy T. Beasley and Anthony G. Amsterdam argued the cause for the petitioner.Opinion of the CourtThe Majority opinion of the court that in the cases presented the death penalty is a cruel and unusual punishment. Also that, the death penalty violates the 8th and 14th Amendment and that it will not be administered in a capricious or discriminatory manner. (https://www.oyez.org/cases/1971/69-5030) A concurring opinion by Justice Douglas was the death penalty is not cruel or unusual unless the execution is unhuman, barbaric, and discriminant against race, religion, wealth, Etc. (http://law2.umkc.edu/faculty/projects/ftrials/conlaw/furman.html) A corresponding opinion by Justice Brennan was that the death penalty was a tradition but now in the United States it is seen as the ultimate sanction.It was used because there was not a place to put the people who committed such crimes.This practice has become outdated and needs to be refined to fit today’s society. (http://law2.umkc.edu/faculty/projects/ftrials/conlaw/furman.html) A concurring opinion by Justice Stewart was that the death penalty was differnt from all other puninshments becase it dose not give the change for rehabilitatin which is the basic purpose for crimanl justice. Also that, it is a mandatory punishment for all people who commented certain crimes. (http://law2.umkc.edu/faculty/projects/ftrials/conlaw/furman.html) A concurring opinion by Justice White was that the death penalty is that it dose violate the 8th amenment but the people who commited these crimes are incapable of commiting any crime again. Also that, the death penalty has not been seen as unconstitutional because it was thought by society to be stopping people from committing these crimes but that does not change the fact that it is cruel and unusual. (http://law2.umkc.edu/faculty/projects/ftrials/conlaw/furman.html) A concurring opinion by Justice Marshall is that in all cases the death pelty is wrong. (https://www.oyez.org/cases/1971/69-5030)A dissenting opinion by Justice Burger with whom Justice Blackmun, Justice Powell, and Justice Rehnquist joined is that the death penalty is cruel and unusual but the 8th amendment was not there to get rid of capital punishment. That law was allowed and used by are ancestors and was not changed when they made the amendments. (http://law2.umkc.edu/faculty/projects/ftrials/conlaw/furman.html) Outcome of The CaseAccording to https://www.oyez.org/cases/1971/69-5030 The conclusion of the case is “The Court’s decision forced states and the national legislature to rethink their statutes for capital offenses to assure that the death penalty would not be administered in a capricious or discriminatory manner.” This means the court decided that the death penalty was violating the 8th amendment and that the death penalty can’t be changed by mood, behavior, or because of someone’s age, sex, or race. Response to Court DecisionThere was people both for and against this case. These were some polls taken on the subject of the case and based on the https://deathpenaltyinfo.org/node/1041 results in Arizona,”A poll by the Behavior Research Center found that support for the death penalty in Arizona drops significantly when specific circumstances are introduced. Among the poll findings is that 42% oppose the death penalty if the convicted murderer is a juvenile offender, while only 37% support such use. (Behavior Research Center, July 2000).”Then in Georgia,”A recent University of Georgia poll found that 60% of Georgians favor trying to rehabilitate young criminals rather than executing them. Only 23% of respondents said courts should be allowed to give children the death penalty. In addition, 81% of those polled believe that judges should be granted greater flexibility when dealing with convicted children than the mandatory sentencing rules used for adults. Currently, Georgia law requires juveniles ages 13 to 18-years-old to be tried in adult court and face adult penalties when they are accused of seven violent crimes, such as murder and rape. (The Augusta Chronicle, January 17, 2003)”Then in Kentucky, “A poll by the University of Kentucky’s Survey Research Center found that 63% of respondents said they strongly favor or somewhat favor legislation that would allow the death penalty only for those 18 years or older; 32% somewhat oppose or strongly oppose such legislation. (The Courier-Journal, October 25, 2002)”Then in Oklahoma, “A recent poll of Oklahoma residents revealed that 62.8% of those surveyed would support a legislative ban on the execution of juvenile offenders if the alternative sentencing option of life without the possibility of parole were offered. The polling results were released shortly before Oklahoma carried out the execution of a juvenile offender, Scott Allen Hain. (The Oklahoman, April 3, 2003)”Impact on Decisions, Citizens and LawsThe has been a lasting impact on today because now it is not legal to give someone the death penalty without good reason. It used to change based on who the person who commited the crime appearance, religion, gender, and race. Now the law has been changed to be consistent. It changed the previous laws of the death penalty could be given to anyone who committed murder or rape if the judge sowl fit. This is a time line of the death penalty by, http://www.cnn.com/2013/07/19/us/death-penalty-fast-facts/index.html1834 – Pennsylvania becomes the first state to move executions into correctional facilities, ending public executions.1838 – Discretionary death penalty statutes are enacted in Tennessee.1846 – Michigan becomes the first state to abolish the death penalty for all crimes except treason.1890 – William Kemmler becomes the first person executed by electrocution.1907-1917 – Nine states abolish the death penalty for all crimes or strictly limit it. By 1920, five of those states had reinstated it.1924 – The use of cyanide gas is introduced as an execution method.1930s – Executions reach the highest levels in American history, averaging 167 per year. The Decision TodayThe case Gregg v. Georgia was sone afrter Furman v. Georgia.”Petitioner Troy Leon Gregg was found guilty of armed robbery and murder and then sentenced to death by a Georgia grand jury. On appeal, the Georgia Supreme Court affirmed the death sentence, excluding its imposition for the robbery conviction. Gregg challenged his remaining death sentence for murder at the US Supreme Court, claiming that his capital sentence was a ‘cruel and unusual’ punishment in violation of the Eighth and Fourteenth Amendments because the jury “wantonly and freakishly” imposed the death sentence. The Court rejected the claim and affirmed the sentence.” Your Personal OpinionI agree with the courts dission. I think the death penalty should still stand and that it violated the 8th and 14th amenment. I also think that the law sould be consestin and fair to everyone. The 8th amenment is violated becase the ruling is cural and unusal. I think if someone did not murder on perouse then they should not be killed for it but if someone meant to masicuer multipe people they should be put to death. Impact on Your LifeThis case imapacts my life becase if my family or I coment a crime such as murder or rape this law will deside weather they go to jail or deathrow. This also affects what happen to people who cumit the crime aginst me or people I know becase I would want to know weather or not they will get the justice they deserve. It might also stop people from cummiting this crime they for helping me.