Supreme Court has ruled that the death penalty is not a per se
   aspects regarding when a jury may use the death penalty and how it must
   existing death penalty laws because they constituted cruel and unusual
   Furman.  The Court held the death penalty was not per se
   Court ruled that a state cannot apply the death penalty to the crime of
   indicia of the nation's attitude toward the death penalty in rape
   jurisprudence. After Marsh, states may impose the death penalty when
   invalidated the death penalty for all juvenile offenders. The majority
   For more details see the Cornell Law School Death Penalty Project.
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