Furman v. Georgia

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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. The American public has consistently favored the use of the death penalty. Although anti-capital-punishment groups in the 19th century won some victories in slowing down the drive for death-penalty laws, most of their successes were short-lived. By the early 20th century, executions were common and widespread, reaching record numbers by the 1930s and 1940s, when more than 100 people were executed each year. But as public and official confidence in the effectiveness and fairness of capital punishment began to wane in the 1960s, the number of yearly executions dropped to the single digits. By the early 1970s, there was an unofficial end to executions in the country. Opponents of the death punishment lauded the Supreme Court decision in the 1972 ruling that a jury's unregulated option to impose the death penalty led toward a "wanton and freakish pattern of its use" that was cruel and unusual. However, the anti-death penalty lobby was not the outright winners because the court failed to call the death penalty unconstitutional. Just a few years later, capital punishment was back with full force in the United States. Furman, a black, killed a householder while seeking to enter the home at night. Furman shot the deceased through a closed door. He was 26 years old and had finished the sixth grade in school. Pending trial, he was committed to the Georgia Central State Hospital for a psychiatric examination on his plea of insanity tendered by court appointed counsel. The superintendent reported that a unanimous staff diagnostic conference had concluded "that this patient should retain his present diagnosis of Mental Deficiency, Mild to Moderate, with Psychotic Episodes associated with Convulsive Disorder." The physicians agreed that "at present the patient is not psychotic, but he is not capable of cooperating with his counsel in the preparation of his defense"; and the staff believed "that he is in need of further psychiatric hospitalization and treatment." Later, the superintendent reported that the staff diagnosis was Mental Deficiency, Mild to Moderate, with Psychotic Episodes associated with Convulsive Disorder.

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