een convicted of rape. A majority of the court said that juries were given too much unguided discretion in sentencing, causing the death penalty to be meted out in “arbitrary and capricious” ways. The decision effectively voided death penalty laws in 32 states and removed 629 prisoners from death rows. Every single case in the country prescribing the death penalty was thrown out. All nine justices tried to define what constitutes “cruel and unusual” in separate opinions, but they could not come up with a clear consensus. Two justices said the death penalty was unconstitutional under any condition, three said capital punishment was unconstitutional as currently administered, and four dissenting justices said that the Constitution clearly authorizes the death penalty. Because of the lack of harmony among the justices’ opinions, states were left with no clear standard with which to work.In the handling of the case, Mr. Justice Douglas, Mr. Justice Brennan, Mr. Justice Stewart, Mr. Justice White, And Mr. Justice Marshall filed separate opinions in support of the judgments. The Chief Justice Burger, Mr. Justice Blackmun, Mr. Justice Powell, And Mr. Justice Rehnquist filed separate dissenting opinions. Thus the case was decided with a narrow margin of five to four.The decision of the case was based on the Eighth and Fourteenth Amendments of the Constitution. The Eighth Amendment to the United States Constitution: Provides that, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”Elucidating the point of view of the concurring judges, Justice Douglas explained the meaning of the phrase “cruel and unusual punishment” in the Eighth Amendment:“The words ‘cruel and unusual’ certainly include penalties that are barbaric. But the words, at least when read in light of the English proscription against selective and irreg...
