In , the Supreme Court ruled that the death penalty was itself not unconstitutional, but the way it was administrated constituted cruel and unusual punishment.

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In Furman v. Georgia (1972), the Supreme Court held that the death penalty, as administered at the time, was capricious and arbitrary, violating the Eighth and Fourteenth Amendments. This decision led to a de facto moratorium on capital punishment throughout the United States.

In , the Supreme Court Ruled That the Death Penalty