The death penalty, while controversial in nature and practice, is a justifiable form of legal punishment. Those in favor and those against capital punishment each have valid points to argue their justification. The death penalty has been imposed for serious crimes such as armed robbery, murder, rape and even treason. Supporters of capital punishment appeal to victims, survivors and the state with a belief that they are entitled to closure so that they may be given the chance to heal. Evidence shows that when executions are carried out fewer crimes are committed. Capital punishment is currently legal in thirty-two U.S. states. In the late 1990's, thirty-eight states had laws supporting the death penalty and allowed it to be carried out as punishment for specified crimes. These laws were influenced by a U.S. Supreme Court decision, Furman v. Georgia in 1972 pursuant to being limited to crimes that resulted in a person's death. Support for the death penalty is known as the retentionist position. It is argued that revenge, just desserts, and protection are reasoning enough for carrying out a death sentence. The U.S. Supreme Court has determined that the penalty must be proportioned to the crime and if not the punishment violates the Eight Amendment of the U.S. Constitution's prohibition concerning cruel and unusual punishment. In In re Kemmler the Court defined cruel and unusual punishment as: "Punishments are cruel when they involve torture or a lingering death; but the punishment of death is not cruel, within the meaning of the word used in the Constitution. It implies there is something inhuman and barbarous, something more than the mere extinguishment of life.  Should the death penalty be abolished? Members of the International Commission Against the Death Penalty believe so. Their main argument is the possibility that people executed are in fact innocent. No justice system is perfect. Flaws, mistakes and a miscarriage of jus