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Furman v. Georgia
''Furman v. Georgia'', was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty.〔(【引用サイトリンク】 title =Furman v. Georgia, 408 US 238 - Supreme Court 1972 )〕 The case led to a ''de facto'' moratorium on capital punishment throughout the United States, which came to an end when ''Gregg v. Georgia'' was decided in 1976.
The Supreme Court consolidated ''Jackson v. Georgia'' and ''Branch v. Texas'' with the ''Furman'' decision, and thus also invalidated the death penalty for rape (which was confirmed post-''Gregg'' in ''Coker v. Georgia''). The Court had also intended to include the case of ''Aikens v. California'', but between the time ''Aikens'' had been heard in oral argument and a decision was to be issued, the Supreme Court of California decided in ''California v. Anderson'' that the death penalty violated the state constitution, thus the ''Aikens'' case was dismissed as moot since all death cases in California were overturned.
==Background==
In the ''Furman v. Georgia'' case, the resident awoke in the middle of the night to find William Henry Furman committing robbery in his house. At trial, in an unsworn statement allowed under Georgia criminal procedure, Furman said that while trying to escape, he tripped and the weapon he was carrying fired accidentally, killing the victim. This contradicted his prior statement to police that he had turned and blindly fired a shot while fleeing. In either event, because the shooting occurred during the commission of a felony, Furman would have been guilty of murder and eligible for the death penalty under then-extant state law, according to the felony murder rule. Furman was tried for murder and was found guilty based largely on his own statement. Although he was sentenced to death, the punishment was never carried out.
''Jackson v. Georgia'', like ''Furman'', was also a death penalty case confirmed by the Supreme Court of Georgia. Unlike Furman however, the convicted in ''Jackson'' had not killed, but attempted to commit armed robbery and committed rape in the process of doing so. ''Branch v. Texas'' was brought to the Supreme Court of the United States on appeal on certiorari to the Texas Court of Criminal Appeals. Like ''Jackson'', ''Branch'' was convicted of rape.〔(【引用サイトリンク】title=Branch v. Texas )〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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