Who was the Justice that opined that, absent any proof that the death penalty is prohibited by the Constitution or is cruel and unusual, respect must be given by the Court to the judgment made by state legislatures to impose death as the ultimate punishment?

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Justice Burger opined that, in the absence of proof that the death penalty is constitutionally prohibited or constitutes cruel and unusual punishment, the Court must respect the judgment of state legislatures to impose death as the ultimate form of punishment.

Who Was the Justice That Opined That, Absent Any Proof