On June 29, 1972, the U.S. Supreme Court ruled 5-4 that capital punishment, as it was being carried out at the state and federal level, was unconstitutional because it was often “arbitrary and capricious” particularly in regard to race. It was the first time that the nation’s highest court had ruled against capital punishment. In 1976, the Supreme Court acknowledged progress made in guidelines and reinstated the death penalty under a “model of guided discretion.” It is now permitted in 32 states.
