The Justices hint that the Eighth Amendment 's prohibition against ``cruel and unusual punishments ' must be interpreted according to its text , by considering history , tradition , and precedent , and with due regard for its purpose and function in the constitutional design . For future decisions about the constitutionality of the death penalty in general , the Supreme Court deemed it proper and necessary to refer to ``evolving standards of decency that mark the progress of a maturing society ' to determine which punishments are...











SUBJECTS

