The Evolution of the Death Penalty in the United States

Across centuries, the death penalty has been a prevalent practice. In the 18th century B.C., King Hammurabi of Babylon incorporated this punishment for 25 offenses in his code, showcasing the brutality of execution methods during that era.

Throughout history, a variety of methods have been used for execution including drowning, whacking, "damnatio ad Bestia" (death by wild animal), dismemberment with an ax, throwing off a high place, impalement with a stick, burial alive, guillotine decapitation, death by torture, stoning, and crucifixion.

Jesus Christ was crucified in Jerusalem for claiming to be the son of God. As time passed, new methods such as decapitation,
hanging,
electrocution,
gas chamber execution,
and lethal injection were developed.

The 1971 case of Furman v. Georgia had a major impact on U.S. death penalty laws. William Henry Furman contended that his sentence violated rights protected by the 14th Amendment, which aimed to prevent states from denying due process and equal protection after the Civil War. The amendment stressed due process and prohibited states from depriving individuals of life, liberty, or property without following proper procedures.

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The Supreme Court's interpretation of the equal protection of the laws ensures that the bill of rights applies to both states and the national government. (2. Our documents) Furman v. Georgia: Furman, a 26-year-old man with limited education, faced lifelong struggles to make ends meet. Suffering from constant depression and mood swings, he resorted to breaking into homes on days when he had nothing to eat in order to survive.

Despite receiving lenient sentences after being caught multiple times for breaking into homes, Furman was diagnosed as emotionally disturbed and mentally impaired by a psychiatrist.

Despite this diagnosis, he continued his illegal activities. On August 11, 1967, while burglarizing a home, Furman heard a noise and attempted to flee. Conflicting reports suggest that he either dropped the gun causing it to discharge when it hit the ground or fell accidentally triggering the weapon. This led to the unintended death of Mr. William Joseph Micke Jr., a husband and father of five children. The tragic incident was an accidental killing as carrying the gun was meant for self-protection or intimidation rather than causing harm.

Furman was found guilty of murder and given the death penalty in a swift trial, despite his situation. Even though he didn't intend to take the victim's life, he committed the crime while involved in another illegal activity, making him liable for capital punishment (3. Murderpedia). Following his lawyer's advice, he entered a plea of not guilty by reason of insanity during the proceedings. A subsequent psychiatric assessment uncovered mental deficiencies and occasional mild to moderate psychotic episodes linked to a convulsive disorder in Furman. After being ordered by the court to undergo treatment at a hospital, medical professionals determined that Furman was capable of discerning right from wrong and standing trial for murder.

Although Furman's killing was accidental, the state of Georgia had authorized the death penalty to be issued in cases where a murder occurred during the commission of a felony. As a black man living in the 60s and 70s, Furman faced racial bias, with the majority of black individuals found guilty of murder in the state being sentenced to death. In 1972, his case reached the Supreme Court, which ruled 5-4 that the administration of the death penalty at that time was in violation of the 8th amendment's prohibition against cruel and unusual punishment, as well as the 14th amendment's equal protection clause.

The courts typically issue decisions with a majority opinion written and signed by one of the justices, but on occasion they may issue a per curiam decision in the form of a brief, unassigned opinion. In this case, all 9 judges had differing opinions. Although 5 justices voted to reverse the death sentences, their concurring opinions showed a shaky coalition. Each of the majority justices - Mr. Douglas, Mr. Stewart, Mr. White, Mr. Marshall, and Mr. Brennan - wrote separate concurring opinions supporting the decision. They all believed that Furman's constitutional rights had been violated. However, the justices could not agree on an argument to abolish the death penalty altogether. This unusual process highlighted not just the intense disagreements within the majority, but also the challenge in determining the constitutionality - or lack thereof - of the death penalty.

The four dissenters, Chief Justice Burger and Justices Blackmun, Powell, and Rehnquist, wrote extensive opinions expressing their views against the majority opinion. Some argued for judicial restraint, stating that the death penalty should be decided by the people through their legislatures. Others criticized emotional appeals in Supreme Court opinions. The dissenters were also concerned about the erosion of federalism and excessive judicial activism by the Warren Court. They believed the death penalty was disproportionately applied to the "poor and despised" in an arbitrary manner. Justice Douglas initiated a review of the history of the death penalty in America and England.

This justice observed the unfair application of laws only to minorities, outcasts, and the smaller population. He believed that the death penalty went against God's plan and focused on the convictions and death sentences of three African American men. His case ultimately changed the perspective on individual cases. (4. Law Cornell) In my opinion, everyone should be treated equally, as his intent was to commit robbery, not murder.

Despite the imperfections and existing issues in the United States criminal justice system, many believe that punishment should be fair. Personally, I would choose a long prison sentence over the death penalty for offenders who did not intend to commit such serious crimes. Furman's decision did not eliminate capital punishment entirely but mandated states to guarantee fairness and prevent bias by allowing juries to apply it fairly. Following Furman, most states revised their death penalty laws to incorporate a two-step process: first establishing guilt for murder and then selecting the suitable punishment based on fresh evidence.

The new laws provided juries with guidance for determining the death penalty (1,2,3,4). Following the 1972 case of Furman v. Georgia, the Supreme Court declared that existing death penalty systems were unconstitutional under the Eighth Amendment's prohibition of "cruel and unusual" punishment. This decision led to many states revising their death penalty laws. In 1976, the Court upheld the constitutionality of the death penalty in Gregg v. Georgia. Troy Gregg, convicted of murder and armed robbery, sought to have the death penalty itself deemed unconstitutional, but the Court upheld its legality. The Court deemed Georgia's death penalty application system to be thoughtful and meticulous, with Gregg undergoing two separate trials for guilt and sentencing.

Furthermore, specific jury findings of "aggravating circumstances" were necessary to impose the death penalty, as seen in the case of Gregg v. Georgia in March 1976. This case dealt with administrative law, which oversees the "due process" clause of the United States Constitution. The due process clause outlines the government's duty to safeguard the legal rights of American citizens during and following their arrest. As a result, there was no infringement on the Eighth Amendment, establishing that the death penalty was constitutional (5. Georgia encyclopedia/ 6. Lectlaw).

Both the Federal and state governments have a responsibility to safeguard an individual's human rights and freedoms, especially during arrest. The US Supreme Court ruled in a 7-2 decision that despite being challenged as "cruel and unusual" under the Eighth Amendment, the sentence was upheld.

The court's ruling upheld the legality of the death penalty in serious criminal cases, confirming that Georgia had implemented necessary safeguards and guidelines to influence jury decisions in capital cases. Troy Leon Gregg received a death sentence for breaking into a home with a weapon, endangering society, and intending to commit a crime. The United States Supreme Court approved Gregg's execution following a formal legal process from trial to sentencing. However, shortly before his scheduled execution, Gregg fled from prison and was killed in North Carolina during an altercation. This event reinforced the constitutionality of the death penalty by supporting laws that offer direction to judges and juries when determining whether to impose a death sentence.

The Supreme Court's ruling in Gregg v. Georgia held that imposing the death penalty could violate the Eighth Amendment's prohibition of cruel and unusual punishment. The defendant, Gregg, faced a choice between life imprisonment or death under Georgia law after being convicted of two crimes. Justice Byron questioned whether Gregg had demonstrated that biased sentencing practices were adequately addressed by the Georgia Supreme Court. This decision indicated the Court's recognition that the constitutionality of the death penalty is not always clear-cut.