In two 1972 cases, Furman v. Georgia and Branch v. Texas, the U.S. Supreme Court declared:

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Furman v. Georgia and Branch v. Texas both dealt with the constitutionality of the death penalty. The Supreme Court, in a 5-4 decision, ruled that the death penalty as it was being applied at the time violated the Eighth and Fourteenth Amendments to the Constitution, which prohibit cruel and unusual punishment and require equal treatment under the law, respectively.

In Two 1972 Cases, Furman V