STATE COURTS AND THE DEATH PENALTY AFTER FURMAN V GEORGIA

• NCJ Number: 11432
• Author(s): P A MCGINLEY
• Date Published: 1973
• Length: 24 pages
• Corporate Author: National Ctr for State Courts
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: STATE COURT REPORT SERIES

Annotation

REVIEW OF THE INFLUENCES OF THE FURMAN DECISION ON EFFORTS TO REINSTATE CAPITAL PUNISHMENT, ON CASES IN PROGRESS, AND ON DEATH SENTENCES ALREADY IMPOSED.

Abstract

THOSE SENTENCED TO DEATH BEFORE FURMAN MUST BE RESENTENCED BY APPELLATE OR TRIAL COURTS. THE POSSIBLE ALTERNATIVE SENTENCES, SUCH AS LIFE IMPRISONMENT WITHOUT POSSIBILITY OF PAROLE, MUST BE EXAMINED. SPECIAL JURY AND BAIL PROCEDURES PREVIOUSLY RESERVED FOR CAPITAL CRIMES MAY NO LONGER BE APPLICABLE. ADDITIONALLY, THE SUPREME COURT'S DECISION HAS RESULTED IN VARIOUS ATTEMPTS BY MEMBERS OF THE PUBLIC AND LEGISLATORS TO REINSTATE THE DEATH PENALTY BY MAKING IT MANDATORY FOR CERTAIN OFFENSES. A LIST OF STATE COURT REACTIONS TO FURMAN IS PROVIDED.