The five justices of the Furman majority maintained that capital punishment, itself, violated the Eighth and Fourteenth Amendments.

Name: The five justices of the Furman majority maintained that capital punishment, itself, violated the Eighth and Fourteenth Amendments.
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The Furman majority did not declare capital punishment itself to be unconstitutional. Rather, they found that its application was unconstitutional because it was being applied in an arbitrary and discriminatory manner.

The Five Justices of the Furman Majority Maintained That Capital