information:extraction
Pre- Furman history

The Bill of Rights adopted in 1789 included the Eighth Amendment which prohibited cruel and unusual punishment. The Fifth Amendment was drafted with language implying a possible use of the death penalty, requiring a grand jury indictment for "capital crime" and a due process of law for deprivation of "life" by the government. The Fourteenth Amendment adopted in 1868 also requires a due process of law for deprivation of life by any states. The federal death penalty was restricted to a small category of crimes.: 1696 Founders saw the ultimate penalty as a means of protecting sovereign interests. Death penalty was carried out according to local customs.: 1696