CAPITAL PUNISHMENT IN THE LIGHT OF CONSTITUTIONAL EVOLUTION - AN ANALYSIS OF DISTINCTIONS BETWEEN FURMAN AND GREGG

• NCJ Number: 42055
• Journal: NOTRE DAME LAWYER Volume: 52 Issue: 4 Dated: (APRIL 1977) Pages: 596-610
• Author(s): J C ENGLAND
• Date Published: 1977
• Length: 16 pages
• Corporate Author: University of Notre Dame
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE ANALYZES THE CONSTITUTIONAL AND LOGICAL DISTINCTIONS BETWEEN THE U.S. SUPREME COURT DECISIONS OF FURMAN V. GEORGIA (1972) AND GREGG V. GEORGIA (1976), INVOLVING THE CONSTITUTIONALITY OF THE DEATH PENALTY.

Abstract

IN FURMAN, THE SUPREME COURT, INSTEAD OF UPHOLDING OR OUTLAWING THE DEATH PENALTY PER SE, SIDESTEPPED THE QUESTION AND ISSUED A PER CURIAM OPINION, SUPPLEMENTED BY FIVE SEPARATE CONCURRING OPINIONS IN THE PLURALITY AND FOUR SEPARATE DISSENTS. THE PLURALITY HELD, FOR A VARIETY OF REASONS, THAT 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.' IN GREGG, THE COURT HELD THAT CAPITAL PUNISHMENT FOR MURDER IS NOT UNCONSTITUTIONAL PER SE; ON THE CONTRARY, IT MAY BE IMPOSED IF APPROPRIATE SAFEGUARDS ARE ESTABLISHED. THIS ARTICLE EXAMINES: THE IMPORT OF THE FURMAN DECISION, INCLUDING AN ANALYSIS OF THE ARGUMENTS AND PLURALITY OPINIONS; THE RESPONSES OF SELECTED STATES TO FURMAN; THE GREGG DECISION IN THE LIGHT OF FURMAN; AND BOTH FURMAN AND GREGG IN THE CONTEXT OF CONSTITUTIONAL HISTORY. (AUTHOR ABSTRACT MODIFIED)... MSP