Furman v. Georgia

*375Mr. Chief Justice Burger,

with whom Mr. Justice Blackmun, Mr. Justice Powell, and Mr. Justice Rehnquist join, dissenting.

At the outset it is important to note that only two members of the Court, Mr. Justice Brennan and Mr. Justice Marshall, have concluded that the Eighth Amendment prohibits capital punishment for all crimes and under all circumstances. Mr. Justice Douglas has also determined that the death penalty contravenes the Eighth Amendment, although I do not read his opinion as necessarily requiring final abolition of the penalty.1 For the reasons set forth in Parts I-IV of this…