PARTICULAR EMPHASIS IS PLACED ON THE RECENT CASES OF GREGG V. GEORGIA, PROFFIT V. FLORIDA AND JURLK V. TEXAS (1976), WHERE THE SUPREME COURT RULED THAT, PROPERLY ADMINISTERED, THE DEATH PENALTY DOES NOT PER SE VIOLATE THE EIGHTH AMENDMENT PROTECTION AGAINST CRUEL AND UNUSUAL PUNISMENT. THE AUTHOR REVIEWS THE MAJORITY AND DISSENTING OPINIONS, FACTUAL BACKGROUND, THE ISSUES OF MANDATORY AND NON-MANDATORY DEATH PENALTIES, AND LEGISLATIVE IMPLICATIONS FOR THE STATES. THE NEW PROCEDURAL REQUIREMENTS MANDATED BY THE COURT ARE RELATED TO THE CHANGING JUDICIAL DEFINITION OF CRUEL AND UNUSUAL PUNISHMENTS....MSP