Furman v. Georgia by D.J. Herda

Author:D.J. Herda [Herda, D. J.]
Language: eng
Format: epub
ISBN: 978-1-4645-0178-4
Publisher: Enslow Publishers, Inc.
Published: 2011-03-14T16:00:00+00:00

The high service rendered by the ‘cruel and unusual’ punishment clause of the Eighth Amendment is to require legislatures to write penal laws that are evenhanded, nonselective, and nonarbitrary, and to require judges to see to it that general laws are not applied sparsely, selectively, and spottily to unpopular groups.

A law that stated that anyone making more than $50,000 would be exempt from the death penalty would plainly fall, as would a law that in terms said that blacks, those who never went beyond the fifth grade in school, those who made less than $3,000 a year, or those who were unpopular or unstable should be the only people executed. A law which in the overall view reaches that result in practice has no more sanctity than a law which in terms provides the same.

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