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Yes, in 1972, the case of Furman v Georgia made the death penalty unconstitutional. By a vote of 5 to 4 the Supreme Court found the death penalty cruel and unusual as practiced. They said it was arbitrary and capricious in the way it was administered. Justices Marshall and Brennan found the death penalty cruel and unusual per se. Justice Douglas, Justice Stewart, and Justice White found capital punishment cruel and unusual as practiced. In 1976 Gregg v. Georgia brought back the death penalty.

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