Carol Steiker

So, Furman v. Georgia, 1972. The death penalty in the United States is, at one stroke of a pen, abolished across all 40 states that had it and the federal government.

So, Furman v. Georgia, 1972. The death penalty in the United States is, at one stroke of a pen, abolished across all 40 states that had it and the federal government.

So, Furman v. Georgia, 1972. The death penalty in the United States is, at one stroke of a pen, abolished across all 40 states that had it and the federal government.

The grounds for the decision were really hard to say.

The grounds for the decision were really hard to say.

The grounds for the decision were really hard to say.

Because there are nine people on the Supreme Court and every single one of them wrote his own opinion in this case. So there are nine different opinions in Furman v. Georgia. Wow. That's not, that's not. That does not happen. No, that does not happen.

Because there are nine people on the Supreme Court and every single one of them wrote his own opinion in this case. So there are nine different opinions in Furman v. Georgia. Wow. That's not, that's not. That does not happen. No, that does not happen.

Because there are nine people on the Supreme Court and every single one of them wrote his own opinion in this case. So there are nine different opinions in Furman v. Georgia. Wow. That's not, that's not. That does not happen. No, that does not happen.

It's a 5-4 decision, very slim majority. So there are five majority opinions and four dissents. None of the people in the majority join anyone else's majority opinion. Some of the dissenters join in each other's dissents, but there's nine of them. And they all have something a little bit different to say.

It's a 5-4 decision, very slim majority. So there are five majority opinions and four dissents. None of the people in the majority join anyone else's majority opinion. Some of the dissenters join in each other's dissents, but there's nine of them. And they all have something a little bit different to say.

It's a 5-4 decision, very slim majority. So there are five majority opinions and four dissents. None of the people in the majority join anyone else's majority opinion. Some of the dissenters join in each other's dissents, but there's nine of them. And they all have something a little bit different to say.

He has a line that I think is really powerful where he says, when you have this like broad authorization and no standards to sentencing juries, a system like that is pregnant with discrimination. It's pregnant with discrimination. It will give birth to discrimination because it will give people's biases, you know, play in the decision making process.

He has a line that I think is really powerful where he says, when you have this like broad authorization and no standards to sentencing juries, a system like that is pregnant with discrimination. It's pregnant with discrimination. It will give birth to discrimination because it will give people's biases, you know, play in the decision making process.

He has a line that I think is really powerful where he says, when you have this like broad authorization and no standards to sentencing juries, a system like that is pregnant with discrimination. It's pregnant with discrimination. It will give birth to discrimination because it will give people's biases, you know, play in the decision making process.

And they basically said, the problem is not... that Europe is getting rid of the death penalty and that it's per se unconstitutional. Instead, Stuart and White said it's the way that it's being applied with this broad authorization and no instructions. The most famous line is Justice Stuart's line. He said, these death sentences in these cases...

And they basically said, the problem is not... that Europe is getting rid of the death penalty and that it's per se unconstitutional. Instead, Stuart and White said it's the way that it's being applied with this broad authorization and no instructions. The most famous line is Justice Stuart's line. He said, these death sentences in these cases...

And they basically said, the problem is not... that Europe is getting rid of the death penalty and that it's per se unconstitutional. Instead, Stuart and White said it's the way that it's being applied with this broad authorization and no instructions. The most famous line is Justice Stuart's line. He said, these death sentences in these cases...

are cruel and unusual, the way being struck by lightning is cruel and unusual. There's just no rhyme or reason about who gets the death penalty. And, you know, we would say it's like totally rando is what we would say today. What he said is it's wanton and freakish, the application of the death penalty. Wanton and freakish, struck by lightning.

are cruel and unusual, the way being struck by lightning is cruel and unusual. There's just no rhyme or reason about who gets the death penalty. And, you know, we would say it's like totally rando is what we would say today. What he said is it's wanton and freakish, the application of the death penalty. Wanton and freakish, struck by lightning.