Furman v. Georgia
408 U.S. 238 · Decided June 29, 1972 · Supreme Court of the United States
At a glance
Furman v. Georgia was decided on June 29, 1972 by a vote of 5–4. The Court reversed the lower court's decision and remanded the case. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Cruel and unusual punishment, death penalty” in the Criminal Procedure area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.
Read the opinion
Case details
- Citations
- 408 U.S. 238 · 92 S. Ct. 2726 · 33 L. Ed. 2d 346 · 1972 U.S. LEXIS 169
- Docket number
- 69-5003
- Decided
- June 29, 1972
- Argued
- January 17, 1972
- Court era
- Burger Court
- Decision type
- Per curiam (orally argued)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 5–4
- Opinion assigned by
- William O. Douglas
- How the case arrived
- Certiorari
- Issue (SCDB)
- Cruel and unusual punishment, death penalty
- Issue area
- Criminal Procedure
- Legal provision
- Eighth Amendment (cruel and unusual punishment)
- Type of law
- Constitutional amendment
- Held unconstitutional
- A state or territorial law, regulation or constitutional provision
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Concurrence | Wrote an opinion |
| Justice William J. Brennan Jr. | Concurrence | Wrote an opinion |
| Justice Potter Stewart | Concurrence | Wrote an opinion |
| Justice Byron R. White | Concurrence | Wrote an opinion |
| Justice Thurgood Marshall | Concurrence | Wrote an opinion |
| Chief Justice Warren E. Burger | Dissent | Wrote an opinion |
| Justice Harry A. Blackmun | Dissent | Wrote an opinion |
| Justice Lewis F. Powell Jr. | Dissent | Wrote an opinion |
| Justice William H. Rehnquist | Dissent | Wrote an opinion |
Full case caption
Furman v. Georgia
SCDB identifiers: case 1971-170, docket 1971-170-01.
Related decisions
Other cases on “Cruel and unusual punishment, death penalty”
- Stewart v. Massachusetts
- Hunter v. Tennessee
- Johnson v. United States
- Gregg v. GeorgiaAltered precedent
- Proffitt v. Florida
- Jurek v. Texas
Cases on the same legal provision: Eighth Amendment (cruel and unusual punishment)
Same Term, same area (Criminal Procedure)
- Harris v. Washington
- Cruz v. Hauck
- Wilwording v. Swenson
- Santobello v. New York
- Picard v. Connor
- United States v. Campos-Serrano
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error