<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>
<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
in furman v georgia the us supreme court recognized that
death penalty in these cases constituted cruel and unusual punishment and violated the Constitution
death penalty in these cases constituted cruel and unusual punishment and violated the Constitution