LDF identified the the persistent racial discrimination in the administration of the death penalty and successfully, argued that the death penalty was arbitrarily and disproportionately imposed on Black Americans and other marginalized groups.

The Court ruled that Georgia’s death penalty statute that gave juries complete discretion over sentencing could result in arbitrary application of the death penalty. The decision resulted in the commutation of the sentences 629 individuals on death row. In holding that the death penalty violated the “cruel and unusual punishment” clause of the Eighth Amendment, the Court’s decision forced states to rethink their laws going forward to ensure that the death penalty would not be administered in a discriminatory manner.

Unfortunately, this decision proved to be only temporary as Gregg v. Georgia (1976) reinstated its acceptance and use. Read our statement on the 50th anniversary of Furman v. Georgia.