At the time of Furman, 41 States still used capital punishment. Most gave the sentencing authority unfettered discretion to choose between death and a term of years. In Furman, the Court held that the imposition and carrying out of the death penalty constituted cruel and unusual punishment in violation of the 8th and 14th amendments. Subsequently, 35 States enacted legislation seeking to reinstate capital punishment in a manner that would comply with Furman's requirements. The 1976 decisions invalidated the mandatory death penalty legislation, leading the affected States to enact new legislation patterned on the legislation upheld in the 1976 opinions. However, the court stopped short of saying that all mandatory death penalty statutes were unconstitutional in all circumstances. The new laws reduced the number of crimes punishable by death. The court decisions also show that imposing the death sentence will be considered cruel and unusual punishment unless society defines not only who should die for which acts, but also who should live despite those acts. 742 footnotes.