DEATH PENALTY AFTER FURMAN (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)

• NCJ Number: 30759
• Author(s): L A WOLLAN
• Date Published: 1974
• Length: 19 pages
• Corporate Author: William S Hein and Co, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS ARTICLES REVIEWS THE OPINIONS OF THE U.S. SUPREME COURT JUSTICES IN FURMAN V. GEORGIA (1972), AND OUTLINES THE OPTIONS OPEN TO STATE LEGISLATURE DESIRING TO REIMPOSE SOME FORM OF CAPITAL PUNISHMENT IN THEIR STATES.

Abstract

IN FURMAN V. GEORGIA, THE SUPREME COURT RULED THAT THE DEATH PENALTY, AS IT EXISTED AT THAT TIME, WAS UNCONSTITUTIONAL. HOWEVER, THE MAJORITY OF THE JUSTICES DID NOT REACH THE ISSUE OF ABOLITION OF CAPITAL PUNISHMENT PER SE. THUS, THE STATES AND FEDERAL GOVERNMENT APPEAR TO HAVE A CHOICE BETWEEN PERPETUATING THE DE FACTO ABOLITION EFFECTED BY FURMAN AND REINSTITUTING THE DEATH PENALTY BY LEGISLATION IN ACCORDANCE IWTH THE REQUIREMENTS OF THAT CASE. TWO POSSIBLE METHODS OF COMPLYING WITH THE REQUIREMENTS ARE OUTLINED IN THIS ARTICLE: NARROWING THE RANGE OF OFFENSES SUBJECT TO THE DEATH PENALTY, AND USE OF STANDARDS TO CONTROL THE DELIBERATIONS OF THE JURY OR JUDGE OR BOTH. THE AUTHOR ALSO DISCUSSES THE ISSUE OF MANDATORY VERSUS DISCRETIONARY SENTENCING, AND THE RELATIONSHIP BETWEEN THE JUDGE AND JURY UNDER A REVISED SYSTEM OF CAPITAL PUNISHMENT. (AUTHOR ABSTRACT MODIFIED)