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9 American J. Crim. Just. 1 (1984-1985)

handle is hein.journals/acnjrlocm9 and id is 1 raw text is: THE UNITED STATES SUPREME COURT AND THE DEATH PENALTY SINCE FURMAN: THE SETTLEMENT OF BASIC ISSUES By: Richter H. Moore, Jr. and Susan R. Moore* ABSTRACT In 1972 the United States Supreme Court in Furman V. Georgia found that the death penalty as it was then being applied was cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments of the United States Constitution. Furman provided few constitutional guidelines, but states reinacted their death penalty statutes. In 1976 the Court began to receive appeals from death sentences imposed under the reinacted statutes. In its decisions the Court began to establish guidelines. It found the death penalty was not per se cruel and unusual punishment. Before the death penalty can be imposed the court must take into consideration any mitigating circumstances and the case must be reviewed by the state supreme court. A mandatory death sentence is unconstitutional. Other issues including proportionality, due process and finality of judgment will be examined in the next segment of this study. Introduction and Background Capital punishment has been a part of the criminal law in the United States since its beginning. The death penalty has been recognized as the ultimate in the states' arsenal of criminal sentences. Despite its general support by the public, there have been attempts to abolish it. *Appalachian State University and the Hickory North Carolina Police Department. 1