nals that were sentenced to death, approximately 50 per year, indicated that the punishment was not regularly or fairly applied, especially because the caliber of those particular murders were no worse than cases not resulting in the death penalty. Judged by the irregular and unusual administration, the statute did not comport with the dignity of man, and was invalidated.Second, as to whether capital punishment itself could be considered cruel and unusual, the Supreme Court assessed the acceptance level of society, and also examined whether a less severe alternative to the death penalty could accomplish the same goals as those purportedly achieved by the death penalty. The Supreme Court reasoned that if society did not accept capital punishment, then capital punishment did not pass the dignity standard. This supplies a sliding scale standard as regards dignity, as dignity could encompass more or less barbarous acts depending on the century.There was also a scale as to what could be used to gauge what constituted societal acceptance. According to the Supreme Court in Furman, legislative authorization did not reflect societal acceptance of capital punishment. In the courts reasoning, legislatures had to be closely scrutinized to avoid terrible excesses that had occurred in England and early American history. So even though there was a statute on the books regarding capital punishment, other factors were scrutinized to determine acceptance level - the uniqueness of the subject matter that aroused heated debate; the evidence that capital punishment is reserved only for the most heinous crimes; the general rejection of the common-law rule imposing a mandatory death sentence for murder; and a historical successive restriction of capital punishment. These factors convinced the Supreme Court that society had almost totally rejected capital punishment.Third, the Furman court examined what it considered the main goals in favor of capital ...
