skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 30759 Find in a Library
Title: DEATH PENALTY AFTER FURMAN (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)
Author(s): L A WOLLAN
Corporate Author: William S Hein and Co, Inc
United States of America
Date Published: 1974
Page Count: 19
Sponsoring Agency: William S Hein and Co, Inc
Buffalo, NY 14209
Format: Document
Language: English
Country: United States of America
Annotation: THIS ARTICLES REVIEWS THE OPINIONS OF THE U.S. SUPREME COURT JUSTICES IN FURMAN V. GEORGIA (1972), AND OUTLINES THE OPTIONS OPEN TO STATE LEGISLATURE DESIRING TO REIMPOSE SOME FORM OF CAPITAL PUNISHMENT IN THEIR STATES.
Abstract: IN FURMAN V. GEORGIA, THE SUPREME COURT RULED THAT THE DEATH PENALTY, AS IT EXISTED AT THAT TIME, WAS UNCONSTITUTIONAL. HOWEVER, THE MAJORITY OF THE JUSTICES DID NOT REACH THE ISSUE OF ABOLITION OF CAPITAL PUNISHMENT PER SE. THUS, THE STATES AND FEDERAL GOVERNMENT APPEAR TO HAVE A CHOICE BETWEEN PERPETUATING THE DE FACTO ABOLITION EFFECTED BY FURMAN AND REINSTITUTING THE DEATH PENALTY BY LEGISLATION IN ACCORDANCE IWTH THE REQUIREMENTS OF THAT CASE. TWO POSSIBLE METHODS OF COMPLYING WITH THE REQUIREMENTS ARE OUTLINED IN THIS ARTICLE: NARROWING THE RANGE OF OFFENSES SUBJECT TO THE DEATH PENALTY, AND USE OF STANDARDS TO CONTROL THE DELIBERATIONS OF THE JURY OR JUDGE OR BOTH. THE AUTHOR ALSO DISCUSSES THE ISSUE OF MANDATORY VERSUS DISCRETIONARY SENTENCING, AND THE RELATIONSHIP BETWEEN THE JUDGE AND JURY UNDER A REVISED SYSTEM OF CAPITAL PUNISHMENT. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Capital punishment; Judicial decisions; Judicial discretion; Law reform; Legislation; Mandatory Sentencing; State laws; US Supreme Court
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=30759

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.