“William Henry Furman, a twenty-six-year-old black man with a sixth grade education, was not what most people called a “bad” man,” (Herda 7). Furman was just laid off of his job and was struggling to find work. But there was none. Every job did not pay enough, or was a short term job. Eventually, depressed, hungry, and broke, Furman turned to breaking and entering and to petty thievery by means of survival. Furman was caught a few times and was given a light sentence. He was also examined by a psychiatrist and was determined to be mentally impaired, but not enough to go to a mental institution. But on August 11, 1967, Furman went to rob the house of twenty-nine-year-old William Joseph Micke, Jr. with his wife and five young children. When searching through the house, Furman made too much noise, which alerted Micke. Furman heard Micke walking down the stairs and pulled out his gun that he used for scaring people away. But Micke kept walking downwards. Not wanting to be caught, Furman tried to run away and tripped over an exposed cord. His gun discharged. The bullet ricocheted to the back door. On the other side, a body fell to the floor. William Joseph Micke Jr. was dead. “The police responded to the call quickly and, within minutes, they had apprehended Furman just down the street from the scene of the crime. The murders weapon was still in his pocket,” (Herda 9). Furman tried to plead guilty by insanity and the psychiatrists described him as legally insane. But then, several days later one of the psychiatrists revised their medical opinion. Because he was not insane, the case would go on. The state of Georgia charged him with murder and issued the death penalty. This was because Georgia state law stated that any form of murder is...
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...d some publicity, and several lawyers were now handling his appeal,” (Furman v. Georgia). The first step was the Georgia Supreme Court. The court unanimously voted to uphold the lower court’s decision of the death penalty. The Chief Justice, W. H. Duckworth, gave Furman time to petition to the US Supreme Court before the execution was finalized. The Supreme Court approved. And thus, the official Furman v. Georgia case had begun. “I admit going to these folks' home and they did caught me in there and I was coming back out, backing up and there was a wire down there on the floor. I was coming out backwards and fell back and I didn't intend to kill nobody . . . The gun went off and I didn't know nothing about no murder until they arrested me, and when the gun went off I was down on the floor and I got up and ran. That's all to it,” (Official Supreme Court Transcript).
.... Madison was applied to this decision because the actions committed were unconstitutional. According to the Supreme Court the 8th Amendment was broken because the District Court of Appeal was giving a cruel and unusual punishment to Graham. The 8th amendment claus does not allow a juvenile offender to be sentenced to life in jail without a parole for a non-homicidal crime. Therefore Terrance could not fall through with this punishment.
Sometimes in life people are not given their rights, the rights that are supposed to be given fairly to them under all circumstances. Although the rights of the people are extremely important in some cases, people tend to change them. The Ford v. Wainwright case is a great example of this it shows even the government can sometimes break rules just to get their point across. This case shows many different ways of how things can be broken down into something it is not, this case shows the importance of how things really get handled behind closed doors of the government. “Ford’s” case was not properly handled because the court system decided to go against the eighth amendment, which made this case unfair.
The case Worcester v. Georgia (1832) was a basis for the discussion of the issue of states' rights versus the federal government as played out in the administration of President Andrew Jackson and its battle with the Supreme Court. In addition to the constitutional issues involved, the momentum of the westward movement and popular support for Indian resettlement pitted white man against Indian. All of these factors came together in the Worcester case, which alarmed the independence of the Cherokee Nation, but which was not enforced. This examines the legal issues and tragic consequences of Indian resettlement.
In 1972, the Furman v. Georgia case temporarily caused capital punishment in the United States to cease until distinct guidelines about the crimes that required the death penalty were written. Until states revised their laws, capital punishment was ruled cruel and unusual punishment. Before Furman, there were no clearly defined laws about what constituted capital punishment, so the process to sentence a capital criminal was much faster and easier. By adding an appeal system, most states permitted capital punishment once again, but the prisoner’s time spent on death row drastically increased. Adding an appeal system did not make killing a human being any less cruel and unusual; in fact, ordering a person to live in fear, uncertainty, and agony for an even longer period of time is crueler than quickly ending the
Over the past 400 years over 360 juveniles have been executed for the particularly heinous crimes they committed. The death penalty in juvenile cases had developed greatly in the past 400 years, starting with Thomas Granger execution in 1642 and progressing to the Roper v. Simmons trail in 2005 where juvenile execution was outlawed in the United States.
Furman v. Georgia was a landmark case in the annals of American Law because it was the first time the Supreme Court turned to the controversial question of capital punishment. Capital punishment has always been a hotly debated issue in the United States. When this issue is coupled with the issue of racial discrimination, the matter becomes hotter than ever. And this is precisely what Furman v. Georgia was all about: a black man convicted of murder and sentenced to death.
Outside the courthouse in Newton, Georgia, in the early hours of January 30, 1943, Robert “Bobby” Hall was beaten unconscious by M. Claude Screws, Frank Edward Jones, and Jim Bob Kelley[1] while in their custody for the alleged theft of a tire;[2] Screws, Jones and Kelley were, respectively, Baker county sheriff, night policeman, and a civilian deputized specifically for the arrest.[3] Without ever recovering consciousness, Hall died as a result of a fractured skull shortly after his arrival at an Albany hospital that morning.[4] The NAACP and FBI investigated Hall’s death in the following months and federal charges were brought against Screws, Jones, and Kelley for violation of Section 20 of the Federal Criminal Code, which stipulates that no person may “under color of any law … willfully” deprive a person of “any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States.”[5] After being found guilty in the lower courts, the defendants brought their case to the Supreme Court on appeal, alleging that they had violated a state rather than federal law and, consequently, could not be held liable under Section 20. The Supreme Court’s central concern in Screws et al. v. United States was to interpret the intent and breadth of Section 20 in order to judge its constitutionality; in doing so, the Court struggled to reach a consensus regarding the definition of state action and the indefinite nature of the rights protected by the statute. Such consensus proved difficult, indeed, as the case was narrowly decided and divided the Court along deep constitutional lines; while a majority of the Court advocated reversal of the lower co...
July 15, 1999, was an ordinary night for Kristopher Lohrmeyer as he left work at the Colorado City Creamer, a popular ice cream parlor. Kristopher had no idea that his life was about to end. When Michael Brown, 17, Derrick Miller and Andrew (Andy) Medina, 15, approached Kristopher and demanded his money and his car keys. Before the boys knew it shots had been fired and Kristopher was dead. About an hour after the fatal shooting of Kristopher Lohrmeyer, all three men were in custody and telling their version of the night’s events. Michael and Derrick who had run away after the shooting confessed to police and named Andy as the shooter. According to the three boy’s testimony, they had only recently met and needed away to get some quick cash, so they developed a carjacking scheme and headed to Andy’s house to pick up 2 stolen handguns. The three boys were uneducated and had spent most of their time on the streets in search of drugs. The judge ruled that they would be held without bail and there was probable cause to charge them all with first-degree murder (Thrown Away, 2005).
Don't you think that putting people to death is brutal? Wouldn't you rather have them stay in prison for the rest of their lives? In fact, it costs far more to execute a person then to keep him or her in prison for life. The EighthAmendment states that it prevents cruel and unusual punishment, and the death penalty is violating it. The Supreme Court case, McCleskey v. Kemp (1987) violates the Eighth Amendment purpose. Therefore, the death penalty clearly defies the Eighth Amendment and shouldn't be used for people who have convicted murder.
On an evening in February 1985, 15 year old Roderick Martineau and his friend Patrick Tremblay planned out to break and enter into another citizen’s home and rob them. For safety, the boys armed themselves with weapons, however they never planned on actually using them. Martineau carried a pellet gun and Tremblay carried a riffle. During the break in, Tremblay murdered both residents of the house (Mr. and Mrs. McLean). When Martineau asked why he did that Tremblay replied “I did not have my mask on and they saw my face”. Martineau was charged with second degree murder under section 213 of the code; however the question is whether or not he was arrested with the correct charge.
This case goes back from the year 1980. A man approached a young woman named Laura Moore at a bus stop in the Spring of 1984. The man disclosed a warning saying “ You shouldn’t be out here alone. Bad guys will pick you up, Let me take you where you have to go.” Moore, 21 at the time , agreed to take the man’s offer. As they both drove off, he then told her to put on her seat belt. When she refused, she states that the man reached under his seat, grabbed a gun and shot her six times. Moore was severely wounded, fortunately she managed to escape, but turned back to study his face. That man was Lonnie David Franklin Jr, now better-known as the serial killer the “Grim Sleeper”. Lonnie David Franklin Jr was convicted of 10-25 women 's murders. The Grim Sleeper murder’s were active during the 1980s and there was a period of time that the killings had stopped. Franklin wanted to keep a low profile. In 2002 the Grim Sleeper’s killing made a surprising return for the community of Los Angeles. For 14 years he remained inactive which raised questions for law
In the early 1950’s, the number of executions sharply declined. Opponents of the death penalty claimed that it violated the Eighth Amendment, which forbids cruel and unusual punishment. Opponents also claimed the death penalty violated the Fourteenth Amendment, which states that all citizens are entitled to equal protection under the law. In early 1972, William Furman was convicted of burglary and murder. While Furman was burglarizing a home, a resident arrived at the scene. Startled, Furman tried to flee, but tripped and fell in the process. The gun Furman was carrying discharged, killing the resident in the process. Furman did not believe he deserved the death penalty. The constitutionality of capital punishment in this circumstance was considered in the supreme co...
It's dark and cold, the fortress-like building has cinderblock walls, and death lurks around the perimeter. A man will die tonight. Under the blue sky, small black birds gather outside the fence that surrounds the building to flaunt their freedom. There is a gothic feel to the scene, as though you have stepped into a horror movie.
In Furman v Georgia in 1972, the Court invalidated all then-existing death penalty laws based on the inherent arbitrariness of their application. Most observers at the time concluded that there would never again be an execution in the United States. They were wrong. In 1976, in Gregg v. Georgia, the Court upheld Georgia's new capital-sentencing procedures, concluding that they had sufficiently reduced the problem of arbitrary and capricious imposition of death associated with earlier statutes.
Any last words before you die what some people hear right before there death. Can you think of what yours would be. The death penalty is something that should only happen when your crime is significant,but in some cases, people fall down into the unlucky group that died for nothing. When talking about the death penalty, I’m caught in the middle because death is a hard thing to wish upon another person. But in some cases, it seems like the only way for justice.