Question

I simply conclude that the Eighth . . . Amendment . . . cannot tolerate [giving out] a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed.

According to Justice Smith, the death penalty

is a fair penalty that is used justly.
is a sentence that can be applied without standards.
is not clearly and consistently imposed.
is protected by the Eighth Amendment.

Answer 1

is not clearly and consistently imposed.

Reason: calling the penalty "wanton[ly] and ... freakish[ally] imposed" indicates Justice Smith viewed its application as arbitrary and inconsistent, contrary to Eighth Amendment standards.