THE ABOVE REPRESENTS the first inclusion of a prohibition against cruel and unusual punishments in any charter of any colony in the New World. Believed to be traceable to the Magna Charta, such a prohibition is now embodied in our eighth amendment. It has been the subject of much litigation and construction, most recently in Furman v. Georgia, where the death penalty, as then imposed, was declared to be invalid as cruel and unusual. Some states, including Ohio, have responded with new statutes controlling imposition of the death penalty in order to circumvent the Furman proscriptions. Only time will tell whether this goal will in fact be accomplished; however some indications may be drawn from examination of the new statutes in light of both the pre-Furman and the Furman rationale.
Heintz, Jeffrey T.
"Legislative Response to Furman v. Georgia - Ohio Restores the Death Penalty,"
Akron Law Review: Vol. 8
, Article 10.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol8/iss1/10