For example, Justice Potter Stewart, a judge during the Furman v. Georgia, came to a decision by saying, “among a capriciously selected random handful upon whom the sentence of death has in fact been imposed” (“Introduction to Death Penalty: Current Controversies”). That’s why states, after the trial the jury got to choose if they want to keep the death penalty for their most brutal punishment, because Furman made a point that his Eighth Amendment--”forbids judges from setting “excessive bail,” but it does not define what “excessive” means” (Valentine 248)--was being violated by the death