NCJ Number
51485
Date Published
1978
Length
160 pages
Annotation
EVENTS SURROUNDING THE MURDER OF A WHITE MAN, THE TRIAL AND CONVICTION OF A BLACK MAN FOR THE OFFENSE, AND THE APPEAL OF THE CASE TO THE U.S. SUPREME COURT ARE DESCRIBED. THE USE OF CAPITAL PUNISHMENT IS EXAMINED.
Abstract
THE 1968 MURDER OF A WHITE MAN WHO SURPRISED AND WAS SHOT BY A BURGLAR IN HIS SAVANNAH, GA., HOME IS DESCRIBED. A BLACK MAN, WILLIAM HENRY FURMAN, WAS APPREHENDED AND CHARGED WITH THE MURDER. ATTORNEY BOBBY MAYFIELD, A LAYWER WHO HAD REPRESENTED SEVERAL CIVIL RIGHTS LEADERS, WAS APPOINTED AS FURMAN'S COUNSEL, AND HIS STRATEGY IN PLANNING THE DEFENSE OF FURMAN IS DISCUSSED. THE TRIAL WAS HELD IN SEPTEMBER 1968. THE JURY, CONSISTING OF 11 WHITE MEMBERS AND ONE BLACK MEMBER, HANDED DOWN A GUILTY VERDICT WITH AN ACCOMPANYING SENTENCE OF DEATH BY ELECTROCUTION. MAYFIELD APPEALED THE CONVICTION CLAIMING THAT THE VERDICT LACKED SUPPORTING EVIDENCE AND WAS CONTRARY TO THE EVIDENCE. HE LATER AMENDED THE MOTION TO INCLUDE THE ARGUMENTS THAT THE JURY HAD NOT REPRESENTED A CROSS-SECTION OF THE COMMUNITY, THAT THE DEATH PENALTY CONSTITUTED CRUEL AND UNUSUAL PUNISHMENT, AND THAT THE DEATH PENALTY WAS USED SO SELDOM IN THE STATE THAT ITS APPLICATION WAS ARBITRARY AND UNFAIR. THE APPEAL WENT FROM THE STATE SUPREME COURT TO THE U.S. SUPREME COURT. AT THE TIME THAT THE FURMAN APPEAL REACHED THE SUPREME COURT, A LARGE NUMBER OF SIMILAR CASES INVOLVING THE DEATH SENTENCE WERE BEING APPEALED ALSO. IN 1970, THE COURT AGREED TO CONSIDER THE CONSTITUTIONALITY OF THE DEATH SENTENCE IN RELATION TO THE 8TH AMENDMENT. SEVERAL CASES WERE CHOSEN FOR EXAMINATION, AND FURMAN'S WAS INCLUDED. THE COURT PROCEEDINGS AND DECISIONS ARE DESCRIBED. IN 1972, THE SUPREME COURT RULED THAT CAPITAL PUNISHMENT VIOLATED THE 8TH AMENDMENT, AND DEATH SENTENCES ACROSS THE UNITED STATES WERE SET ASIDE. HISTORICAL AND CONTEMPORARY IMPLEMENTATION OF THE DEATH PENALTY IS CONSIDERED IN THE TEXT, AND IT IS NOTED THAT A DISPROPORTIONATE NUMBER OF BLACKS IN GEORGIA RECEIVED DEATH PENALTIES AS COMPARED TO WHITES. A DISCUSSION OF OPPOSING VIEWS ON THE NEED FOR AND DETERRENT EFFECT OF CAPITAL PUNISHMENT IS INCLUDED, AND THE LEGAL CLIMATE REGARDING CAPITAL PUNISHMENT FOR MURDER CONVICTIONS AT THE TIME OF THE FURMAN TRIAL IS EXAMINED. THE TEXT REVIEWS ARGUMENTS AGAINST THE DEATH PENALTY INVOLVING THE 8TH AMENDMANT PREVIOUS TO THE FURMAN CASE. THE DEVELOPMENT OF THE FURMAN CASE IS TRACED IN A DIAGRAM, AND REFERENCES AND AN INDEX ARE PROVIDED. (DAG)