June 29, 1972: SCOTUS suspends death penalty

On this day in 1972, in a 5-4 decision in Furman v. Georgia, the Supreme Court placed a moratorium on capital punishment until better controls could be placed on its use – particularly in relation to minorities.

The five justices on the majority side could not come to a single conclusion; two, in fact, said the death penalty violated the Eighth Amendment, the prohibition of cruel and unusual punishment, full stop.

Others cited concerns that the sentence was being given disproportionately to black criminals. Justice Potter Stewart wrote the death penalty had been “so wantonly and so freakishly imposed” as to violate the Eighth and Fourteenth Amendments.

Two other cases consolidated with Furman dealt with use of the death penalty for rape; although the moratorium on capital punishment for murder was ended by Gregg v. Georgia (1976), the Supreme Court later confirmed it could not be used for rape convictions.

Particularly since the unrest in Ferguson, Missouri last August, many news outlets have looked at the racial disparities in the criminal justice system.

For more on the Furman case, visit Capital Punishment in Context.

Image: interior of Alcatraz Prison. Ronnie Macdonald via Wikimedia Commons