THE APPEALUnsatisfied and unwilling to accept his fate, Furman appealed his conviction. His appeal attracted much attention from abolitionists across the United States, who felt the death penalty was inherently unfair and racist. As the case gained publicity, several lawyers helped Furman’s case reach the Supreme Court, where Attorney Anthony Amsterdam first argued it on January 17, 1972.(1)
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THE ARGUMENTThat day, Anthony Amsterdam, an influential scholar and former clerk to Justice Frankfurter, stood before the Supreme Court hopeful of what was to come. He argued that the death penalty in Georgia constituted as “cruel and unusual punishment” prohibited by the Eighth Amendment of the US Constitution. Furthermore, he argued that it denied defendants such as William Furman their due process rights as guaranteed by the 14th Amendment. Specifically, he argued it was not in line with the equal protection clause, as statistical evidence revealed the death penalty adversely affected the black community. He argued that with no guided jury discretion, the death penalty was both arbitrarily and capriciously applied. The court attentively listened to his argument, though, at the time, many already had strong opinions about the death penalty.(2)
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