ate such intent. All three issues, the legal uncertainty, the public feeling, and the moral question, will be considered in turn in the following paragraphs.
In 1958, the Supreme Court interpreted the prohibition against cruel and unusual punishment as being based upon "evolving standards of decency that mark the progress of a maturing society." In doing so, the Court made the question of whether or not a particular type of punishment is cruel and unusual depend upon the mores and standards of society at the time the decision is made. This interpretation assumed that social progress is inevitable and that society will always be maturing. Punishment acceptable during a meaner, rougher past may be unacceptable in a kinder, gentler present.
In 1972, the Court held that the death penalty was cruel and unusual as it was being applied. According to the per curiam opinion, death sentences were being imposed in a "wanton" and "freakish" manner. This decision was based upon the wide-ranging statutory lan
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