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 D)  cruel and unusual punishment

Explanation:

In the case of Furman v. Georgia (1972) the Supreme Court was forced to review the application of the death penalty, in that at a few other cases.

Furman, an armed burglar trying to escape from the scene of a crime, fell, causing his gun to fire and kill a victim. The court considered the facts of this case and two similar cases in the Furman decision.

The following is an excerpt from their ruling statement:

“the Court holds that the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. The judgment in each case is therefore reversed insofar as it leaves undisturbed the death sentence imposed, and the cases are remanded for further proceedings.”