In the case of US v. Jackson, the Supreme Court held unconstitutional a requirement that only a jury could recommend this action.
In the case of US v. Jackson, the Supreme Court held unconstitutional a requirement that only a jury could recommend this action. In the consolidated cases of Crampton v. Ohio and McGautha v. California, the Court rejected the use of the 14th Amendment to argue that defendants' rights were violated by giving juries "unfettered discretion" in the application of this procedure. Two years later though, the Court agreed with a challenge to this procedure using the 8th Amendment to argue its application was "arbitrary and capricious." FTP, name this punishment that was briefly suspended by the decision in Furman v. Georgia, and is generally applied only in capital cases.
In the case of US v. Jackson, the Supreme Court held unconstitutional a requirement that only a jury could recommend this action.
death penalty [accept capital punishment before penultimate word]