Furman v. Georgia 1972
Was the death penalty, as then administered, cruel and unusual punishment?
408 U.S. 238 (1972)Criminal justice
- The question
- Was the death penalty, as then administered, cruel and unusual punishment?
- What the Court held
- Yes, as applied under statutes that left juries unguided discretion; every Justice in the majority wrote separately.
- The vote
- 5–4
- Read the opinion
- 408 U.S. 238 (1972), full text
This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.