in furman v georgia the us supreme court recognized that
Furman v. Georgia In a 5â€“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.[3] 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.