In the Furman v. Georgia case, William Henry Furman's lawyers argued that guided discretion statues remove the concern that a jury could impose the death penalty in an arbitrary and capricious manner.

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In Furman v. Georgia, William Henry Furman's lawyers argued that the death penalty, as it was administered at the time, was arbitrary and capricious, violating the Eighth and Fourteenth Amendments. The case did not involve the argument for guided discretion statutes, which were developed in response to the Furman decision to address its concerns about arbitrariness.

In the Furman V