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OCR: trial for the substantive offense before the case was sub- mitted to the jury Amici also argue that any extension of the Double Jeopardy Clause 17 Bullington resulted from the Court's defermination that [t]he penalty of death differs from all other forms of criminal punishment, not degree but kind urique in its rejection of rehabilitation the convict basic purpose criminal justice And unique finally n its absoluto renunciation ot all that embodied in our concept ot humanity Rummell Estelle 263 272 (0861) (citing Furman Georgia, 408 U.S. 238 306 {1972)} The Court's decision in Bullin igton was. however grounded in the Eighth Amendment : "Because of our conclusion on the Doublc Jeopardy Clause issuc, we have n occasion petitioner's claims under the Sixth. Eighth and Fourteenth Amendment Bull ...