Death penalty ruled 'cruel and unusual' - Furman v. Georgia, 1972

[Joe Republic]

http://en.wikipedia.org/wiki/Furman_v._Georgia

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0408_0238_ZS.html

"Does the imposition and carrying out of the death penalty in [these cases] constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?"

403 U.S. 952 (1971). The Court holds that the imposition [p240] and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The judgment in each case is therefore reversed insofar as it leaves undisturbed the death sentence imposed, and the cases are remanded for further proceedings.

So ordered.

MR. JUSTICE DOUGLAS, MR. JUSTICE BRENNAN, MR. JUSTICE STEWART, MR. JUSTICE WHITE, and MR. JUSTICE MARSHALL have filed separate opinions in support of the judgments. THE CHIEF JUSTICE, MR. JUSTICE BLACKMUN, MR. JUSTICE POWELL, and MR. JUSTICE REHNQUIST have filed separate dissenting opinions.


This ruling caused the effective suspension of the death penalty until better consistency between the states could be imposed.

[Joe Republic]

Wait a second.  How exactly is mutilation constitutional?  That's about as cruel and unusual as you're likely to find.