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S. States violation of the Eighth Amendment if it “offends society’s sense of justice” (Reggio 1997). Finally, if a lesser punishment would achieve the same effectiveness as the harsher punishment, then the harsher punishment would have to be deemed cruel and unusual (Reggio 1997). The Court found that the death penalty was implemented in such an arbitrary manner that there was little evidence that it was constitutional. The Court took note of the fact that there were few executions being carried out up until the time of this case, arguing that this was a reflection of the fact that the morality of capital punishment had been called into question on a broad scale (Steiker and Steiker 1995; Karge 1978:183).
These cases allowed the Supreme Court to rule that capital punishment in itself is not unconstitutional (Karge 1978). Grasmick et al. (1993) argues that Gregg allowed the criminal justice systems in the 27 procedural checks on sentences exercising discretion in making the ultimate life or death choice” (Bright et al. 1995). Chief Justice Berger, writing in dissent, states, “In rejecting Eighth Amendment attacks on particular modes of execution, the Court has more than once implicitly denied that capital punishment is impermissibly ‘cruel’ in the constitutional sense” (Furman v.
The first recorded execution in what would eventually become the United States occurred in 1608 when Captain George Kendall of Virginia was hanged for espionage (Reggio 1997). Contrary to popular media, executions were relatively rare in colonial America. According to Filler (1952), the colonies permitted the death penalty only for approximately one dozen crimes as opposed to over two hundred capital crimes in England. This fact is largely due to the rather small number of violent and property crimes being committed as a result of a prolonged labor shortage (Filler 1952).