In an effort to undermine the appeal of communism to those living in western europe, the u. s. instituted the

Isimply conclude that the eighth . . amendment . . cannot tolerate [giving out] a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed. according to justice smith, the death penalty is a fair penalty that is used justly. is a sentence that can be applied without standards. is not clearly and consistently imposed. is protected by the eighth amendment.