<P> In a 5 -- 4 decision , the Court 's one - paragraph per curiam opinion held that the imposition of the death penalty in these cases constituted cruel and unusual punishment and violated the Constitution . However , the majority could not agree as to a rationale . There was no opinion of the court or plurality as none of the five justices constituting the majority joined in the opinion of any other . </P>
in furman v georgia the us supreme court recognized that
death penalty in these cases constituted cruel and unusual punishment and violated the Constitution