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Jack Greenberg won Furman v. Georgia in 1972

Jack Greenberg argued Furman v. Georgia (1972), in which the Supreme Court held that the death penalty as then applied was cruel and unusual punishment.

Person
Jack Greenberg
Lived
1924–2016
Field
Civil rights law
From
American

The story

Jack Greenberg led the NAACP Legal Defense and Educational Fund as Director-Counsel from 1961 to 1984, succeeding Thurgood Marshall. Under his leadership the Fund's work reached beyond school desegregation into employment, health care and criminal justice, including a sustained challenge to the death penalty.

In the early 1970s more than 600 people were on death row in the United States. In most states juries decided between life and death without a separate sentencing phase, and in 1971 the Supreme Court had ruled that jurors could use broad discretion without guidance. That raised serious concern that race and money could influence who was sentenced to die.

In 1972 Greenberg argued Furman v. Georgia, which the Court heard together with two other cases, Jackson v. Georgia and Branch v. Texas. In a short unsigned opinion, the Court held that imposing the death penalty in these cases was cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. All five justices in the majority wrote separately, producing more than 233 pages, the longest set of opinions the Court had ever issued. Justice Byron White found no meaningful basis for telling apart the few cases in which death was imposed from the many in which it was not.

The ruling invalidated the death sentences of nearly 700 people and brought a nationwide halt to executions. The Legal Defense Fund calls it a major victory that suspended the death penalty throughout the country for four years. In that time 35 states and the federal government wrote new laws, and in 1976, in Gregg v. Georgia, the Court upheld statutes that guided juries' decisions. Even so, Furman reshaped capital trials across the country, and in 1977 the Fund won Coker v. Georgia, which barred the death penalty for rape, its most racially disproportionate use.

Greenberg wrote articles on capital punishment among his many publications, and Furman followed closely on his success in Griggs v. Duke Power Company the year before. Over his career he argued forty cases before the Supreme Court and won almost all of them.

Why it matters

Furman made the fairness of capital punishment a central question in American law and forced states to set standards for life-and-death decisions.

About Jack Greenberg

Youngest lawyer on the Brown v. Board of Education team, Thurgood Marshall’s successor at the NAACP Legal Defense Fund, and advocate in forty Supreme Court cases.

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Jack Greenberg
1924–2016 · Civil rights law
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Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

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