What are your thoughts on the backwards, “de facto” application of the Furman Court holding?

What are your thoughts on the backwards, “de facto” application of the Furman Court holding?

Discussion question for CRM 321 Substantive Criminal Law CRM-321-OL02

First, what are your thoughts on the backwards, “de facto” application of the Furman Court holding? Should the law ever be ‘retro-active?’ Second, consider why these changes were made. Is the Supreme Court the only perspective that matters, or are they actually influenced to a great degree by public perception? If they are not influenced by the public, then did they simply make a mistake in Furman? What do you think?