Randa Abdelfattah

But coming up... The political winds change.

On January 17, 1972, attorneys argued three cases before the Supreme Court known as Furman v. Georgia. In all of them, Black men — two from Georgia, one from Texas — had been sentenced to death.

On January 17, 1972, attorneys argued three cases before the Supreme Court known as Furman v. Georgia. In all of them, Black men — two from Georgia, one from Texas — had been sentenced to death.

On January 17, 1972, attorneys argued three cases before the Supreme Court known as Furman v. Georgia. In all of them, Black men — two from Georgia, one from Texas — had been sentenced to death.

When the Eighth Amendment was written, it didn't apply to Black people who were enslaved in the U.S. But a lot had changed. More amendments were passed, like the 13th Amendment abolishing slavery and the 14th Amendment that gave equal protection of the laws to all people in the U.S. And things were changing globally, too.

When the Eighth Amendment was written, it didn't apply to Black people who were enslaved in the U.S. But a lot had changed. More amendments were passed, like the 13th Amendment abolishing slavery and the 14th Amendment that gave equal protection of the laws to all people in the U.S. And things were changing globally, too.

When the Eighth Amendment was written, it didn't apply to Black people who were enslaved in the U.S. But a lot had changed. More amendments were passed, like the 13th Amendment abolishing slavery and the 14th Amendment that gave equal protection of the laws to all people in the U.S. And things were changing globally, too.

And civil rights activists were paying attention.

And civil rights activists were paying attention.

And civil rights activists were paying attention.

hundreds of people on death row were spared. All had their sentences reduced to life terms, and many of them were released on parole.

hundreds of people on death row were spared. All had their sentences reduced to life terms, and many of them were released on parole.

hundreds of people on death row were spared. All had their sentences reduced to life terms, and many of them were released on parole.

Nine justices, nine opinions. All of them suggested abolishing or limiting the death penalty in some way. But that also created confusion.

Nine justices, nine opinions. All of them suggested abolishing or limiting the death penalty in some way. But that also created confusion.

Nine justices, nine opinions. All of them suggested abolishing or limiting the death penalty in some way. But that also created confusion.

Two justices said the death penalty itself was unconstitutional. Another justice, William O. Douglas, said that any law that treats people unequally is unconstitutional.

Two justices said the death penalty itself was unconstitutional. Another justice, William O. Douglas, said that any law that treats people unequally is unconstitutional.

Two justices said the death penalty itself was unconstitutional. Another justice, William O. Douglas, said that any law that treats people unequally is unconstitutional.

The court had also heard a death penalty case the year before. And in the end, many people believe the Furman decision came down to just two justices, Potter Stewart and Byron White, who changed their minds.