payne
tennessee
argued
april
decided
june
petitioner
payne
convicted
tennessee
jury
murders
charisse
christopher
daughter
assault
upon
intent
murder
charisse
son
nicholas
brutal
crimes
committed
victims
apartment
charisse
resisted
payne
sexual
advances
sentencing
phase
trial
payne
called
parents
girlfriend
clinical
psychologist
testified
various
mitigating
aspects
background
character
state
called
nicholas
grandmother
testified
child
missed
mother
baby
sister
arguing
death
penalty
prosecutor
commented
continuing
effects
nicholas
experience
effects
crimes
upon
victims
family
jury
sentenced
payne
death
murder
counts
state
affirmed
rejecting
contention
admission
grandmother
testimony
state
closing
argument
violated
eighth
amendment
rights
booth
maryland
south
carolina
gathers
held
evidence
argument
relating
victim
impact
victim
death
victim
family
per
se
inadmissible
capital
sentencing
hearing
held
eighth
amendment
erects
per
se
bar
prohibiting
capital
sentencing
jury
considering
victim
impact
evidence
relating
victim
personal
characteristics
emotional
impact
murder
victim
family
precluding
prosecutor
arguing
evidence
capital
sentencing
hearing
extent
held
contrary
booth
gathers
cases
overruled
pp
numerous
infirmities
rule
created
booth
gathers
cases
based
two
premises
evidence
relating
particular
victim
harm
caused
victim
family
general
reflect
defendant
blameworthiness
evidence
blameworthiness
relevant
capital
sentencing
decision
see
booth
supra
however
assessment
harm
caused
defendant
long
important
factor
determining
appropriate
punishment
victim
impact
evidence
simply
another
method
informing
sentencing
authority
harm
excluding
evidence
booth
supra
misread
statement
woodson
north
carolina
capital
defendant
must
treated
uniquely
individual
human
bein
gregg
georgia
demonstrates
woodson
language
intended
describe
class
evidence
received
class
evidence
must
received
relevant
nonprejudicial
material
see
barefoot
estelle
booth
misreading
precedent
unfairly
weighted
scales
capital
trial
virtually
limits
placed
relevant
mitigating
evidence
capital
defendant
may
introduce
concerning
circumstances
see
eddings
oklahoma
state
legitimate
interest
counteracting
evidence
booth
rule
prevents
similarly
fairness
prosecution
requires
rejection
gathers
extension
booth
rule
prosecutor
argument
since
eighth
amendment
given
capital
defendant
attorney
broad
latitude
argue
relevant
mitigating
evidence
reflecting
client
individual
personality
booth
supra
also
erred
reasoning
difficult
impossible
capital
defendant
rebut
victim
impact
evidence
without
shifting
focus
sentencing
hearing
away
defendant
victim
mere
fact
tactical
reasons
might
prudent
defense
rebut
evidence
makes
case
different
others
party
faced
sort
dilemma
merit
concern
voiced
booth
supra
admission
evidence
permits
jury
find
defendants
whose
victims
assets
communities
deserving
punishment
whose
victims
perceived
less
worthy
evidence
generally
offered
encourage
comparative
judgments
kind
designed
show
instead
victim
uniqueness
individual
human
event
victim
impact
evidence
introduced
unduly
prejudicial
renders
trial
fundamentally
unfair
fourteenth
amendment
due
process
clause
provides
mechanism
relief
see
darden
wainwright
thus
state
may
properly
conclude
jury
assess
meaningfully
defendant
moral
culpability
blameworthiness
sentencing
phase
victim
impact
evidence
pp
although
adherence
doctrine
stare
decisis
usually
best
policy
doctrine
inexorable
command
never
felt
constrained
follow
precedent
governing
decisions
unworkable
badly
reasoned
smith
allwright
particularly
constitutional
cases
correction
legislative
action
practically
impossible
burnet
coronado
oil
gas
brandeis
dissenting
cases
involving
procedural
evidentiary
rules
booth
gathers
decided
narrowest
margins
spirited
dissents
challenging
basic
underpinnings
questioned
members
later
decisions
defied
consistent
application
lower
courts
see
state
huertas
ohio
reasons
heretofore
stated
wrongly
decided
pp
rehnquist
delivered
opinion
white
scalia
kennedy
souter
joined
filed
concurring
opinion
white
kennedy
joined
post
scalia
filed
concurring
opinion
part
ii
kennedy
joined
post
souter
filed
concurring
opinion
kennedy
joined
post
marshall
filed
dissenting
opinion
blackmun
joined
post
stevens
filed
dissenting
opinion
blackmun
joined
post
brooke
lathram
argued
cause
filed
briefs
petitioner
charles
burson
attorney
general
tennessee
argued
cause
respondent
brief
kathy
principe
assistant
attorney
general
attorney
general
thornburgh
argued
cause
amicus
curiae
urging
affirmance
brief
solicitor
general
starr
assistant
attorney
general
mueller
deputy
solicitor
general
bryson
stephen
nightingale
stephen
bright
chestnut
filed
brief
southern
christian
leadership
conference
amicus
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
criminal
justice
legal
foundation
kent
scheidegger
washington
legal
foundation
et
al
richard
willard
daniel
popeo
paul
kamenar
richard
samp
congressman
thomas
bliley
et
al
michael
lockerby
frank
carrington
briefs
amici
curiae
filed
state
alabama
et
al
daniel
lungren
attorney
general
california
george
williamson
chief
assistant
attorney
general
harley
mayfield
senior
assistant
attorney
general
frederick
millar
supervising
deputy
attorney
general
louis
hanoian
deputy
attorney
general
james
evans
attorney
general
alabama
grant
woods
attorney
general
arizona
gale
norton
attorney
general
colorado
john
kelly
chief
state
attorney
connecticut
robert
butterworth
attorney
general
florida
linley
pearson
attorney
general
indiana
frederic
cowan
attorney
general
kentucky
joseph
curran
attorney
general
maryland
mike
moore
attorney
general
mississippi
william
webster
attorney
general
missouri
marc
racicot
attorney
general
montana
stenberg
attorney
general
nebraska
frankie
sue
del
papa
attorney
general
nevada
robert
del
tufo
attorney
general
new
jersey
lacy
thornburg
attorney
general
north
carolina
lee
fisher
attorney
general
ohio
dave
frohnmayer
attorney
general
oregon
ernest
preate
attorney
general
pennsylvania
travis
medlock
attorney
general
south
carolina
mark
barnett
attorney
general
south
dakota
kenneth
eikenberry
attorney
general
washington
appellate
committee
california
district
attorneys
association
ira
reiner
harry
sondheim
martha
bellinger
justice
political
committee
et
al
mario
thomas
gaboury
sally
king
national
organization
victim
assistance
et
al
judith
rowland
chief
justice
rehnquist
delivered
opinion
case
reconsider
holdings
booth
maryland
south
carolina
gathers
eighth
amendment
bars
admission
victim
impact
evidence
penalty
phase
capital
trial
petitioner
pervis
tyrone
payne
convicted
jury
two
counts
murder
one
count
assault
intent
commit
murder
first
degree
sentenced
death
murders
years
prison
assault
victims
payne
offenses
charisse
christopher
daughter
lacie
son
nicholas
three
lived
together
apartment
millington
tennessee
across
hall
payne
girlfriend
bobbie
thomas
saturday
june
payne
visited
thomas
apartment
several
times
expectation
return
mother
house
arkansas
found
one
home
one
visit
left
overnight
bag
containing
clothes
items
weekend
stay
hallway
outside
thomas
apartment
bag
three
cans
malt
liquor
payne
passed
morning
early
afternoon
injecting
cocaine
drinking
beer
later
drove
around
town
friend
friend
car
taking
turns
reading
pornographic
magazine
sometime
around
payne
returned
apartment
complex
entered
christophers
apartment
began
making
sexual
advances
towards
charisse
charisse
resisted
payne
became
violent
neighbor
resided
apartment
directly
beneath
christophers
heard
charisse
screaming
get
get
telling
children
leave
brief
respondent
noise
briefly
subsided
began
horribly
loud
ibid
neighbor
called
police
heard
blood
curdling
scream
christophers
apartment
ibid
first
police
officer
arrived
scene
immediately
encountered
payne
leaving
apartment
building
covered
blood
appeared
sweating
blood
officer
confronted
payne
responded
complainant
officer
asked
going
payne
struck
officer
overnight
bag
dropped
tennis
shoes
fled
inside
apartment
police
encountered
horrifying
scene
blood
covered
walls
floor
throughout
unit
charisse
children
lying
floor
kitchen
nicholas
despite
several
wounds
inflicted
butcher
knife
completely
penetrated
body
front
back
still
breathing
miraculously
survived
undergoing
seven
hours
surgery
transfusion
cc
blood
cc
estimated
normal
blood
volume
charisse
lacie
dead
charisse
body
found
kitchen
floor
back
legs
fully
extended
sustained
direct
knife
wounds
defensive
wounds
arms
hands
wounds
caused
separate
thrusts
butcher
knife
none
wounds
inflicted
payne
individually
fatal
rather
cause
death
likely
bleeding
wounds
lacie
body
kitchen
floor
near
mother
suffered
stab
wounds
chest
abdomen
back
head
murder
weapon
butcher
knife
found
feet
payne
baseball
cap
snapped
arm
near
elbow
three
cans
malt
liquor
bearing
payne
fingerprints
found
table
near
body
fourth
empty
one
landing
outside
apartment
door
payne
apprehended
later
day
hiding
attic
home
former
girlfriend
descended
stairs
attic
stated
arresting
officers
man
ai
killed
woman
according
one
officers
payne
wild
look
pupils
contracted
foaming
mouth
saliva
appeared
nervous
breathing
real
rapid
ibid
blood
body
clothes
several
scratches
across
chest
later
determined
blood
stains
matched
victims
blood
types
search
pockets
revealed
packet
containing
cocaine
residue
hypodermic
syringe
wrapper
cap
hypodermic
syringe
overnight
bag
containing
bloody
white
shirt
found
nearby
dumpster
trial
payne
took
stand
despite
overwhelming
relatively
uncontroverted
evidence
testified
harmed
christophers
rather
asserted
another
man
raced
walking
stairs
floor
christophers
lived
stated
gotten
blood
hearing
moans
christophers
apartment
tried
help
victims
according
testimony
panicked
fled
heard
police
sirens
noticed
blood
clothes
jury
returned
guilty
verdicts
payne
counts
sentencing
phase
trial
payne
presented
testimony
four
witnesses
mother
father
bobbie
thomas
john
hutson
clinical
psychologist
specializing
criminal
evaluation
work
bobbie
thomas
testified
met
payne
church
time
abused
husband
stated
payne
caring
person
devoted
much
time
attention
three
children
affected
marital
difficulties
said
children
come
love
much
miss
behaved
like
father
loved
kids
asserted
drink
use
drugs
generally
inconsistent
payne
character
committed
crimes
hutson
testified
based
payne
low
score
iq
test
payne
mentally
handicapped
hutson
also
said
payne
neither
psychotic
schizophrenic
payne
polite
prisoner
ever
met
payne
parents
testified
son
prior
criminal
record
never
arrested
also
stated
payne
history
alcohol
drug
abuse
worked
father
painter
good
children
good
son
state
presented
testimony
charisse
mother
mary
zvolanek
asked
nicholas
affected
murders
mother
sister
responded
cries
mom
seem
understand
come
home
cries
sister
lacie
comes
many
times
week
asks
grandmama
miss
lacie
tell
yes
says
worried
lacie
app
know
nicholas
alive
nicholas
room
nicholas
still
conscious
eyes
open
responded
paramedics
able
follow
directions
able
hold
intestines
carried
ambulance
knew
happened
mother
baby
sister
nothing
ease
pain
families
involved
case
nothing
ease
pain
bernice
carl
payne
tragedy
nothing
basically
ease
pain
zvolanek
tragedy
live
rest
lives
obviously
nothing
charisse
lacie
jo
something
nicholas
somewhere
road
nicholas
going
grow
hopefully
going
want
know
happened
going
know
happened
baby
sister
mother
going
want
know
type
justice
done
going
want
know
happened
verdict
provide
answer
saw
videotape
morning
saw
nicholas
christopher
carry
mind
forever
talk
cruel
talk
atrocious
talk
heinous
picture
always
come
mind
probably
throughout
rest
lives
one
ever
know
lacie
jo
never
chance
grow
life
taken
age
two
years
old
wo
high
school
principal
talk
lacie
jo
christopher
wo
anybody
take
high
school
prom
wo
anybody
wo
mother
nicholas
mother
kiss
night
mother
never
kiss
good
night
pat
goes
bed
hold
sing
lullaby
petitioner
attorney
wants
think
good
reputation
people
love
defendant
things
want
think
people
love
charisse
christopher
mother
daddy
loved
people
loved
little
lacie
jo
grandparents
still
brother
mourns
every
single
day
wants
know
best
little
playmate
anybody
watch
cartoons
little
one
things
go
especially
cruel
heinous
atrocious
burden
child
carry
forever
tennessee
affirmed
conviction
sentence
rejected
payne
contention
admission
grandmother
testimony
state
closing
argument
constituted
prejudicial
violations
rights
eighth
amendment
applied
booth
maryland
south
carolina
gathers
characterized
grandmother
testimony
technically
irrelevant
concluded
create
constitutionally
unacceptable
risk
arbitrary
imposition
death
penalty
harmless
beyond
reasonable
doubt
determined
prosecutor
comments
closing
argument
relevant
payne
personal
responsibility
moral
guilt
explained
hen
person
deliberately
picks
butcher
knife
kitchen
drawer
proceeds
stab
death
mother
two
year
old
daughter
three
year
old
son
room
physical
mental
condition
boy
left
dead
surely
relevant
determining
blameworthiness
concluded
violation
payne
rights
booth
gathers
harmless
beyond
reasonable
doubt
ibid
granted
certiorari
reconsider
holdings
booth
gathers
eighth
amendment
prohibits
capital
sentencing
jury
considering
victim
impact
evidence
relating
personal
characteristics
victim
emotional
impact
crimes
victim
family
booth
defendant
robbed
murdered
elderly
couple
required
state
statute
victim
impact
statement
prepared
based
interviews
victims
son
daughter
granddaughter
statement
described
personal
characteristics
victims
emotional
impact
crimes
family
set
forth
family
members
opinions
characterizations
crimes
defendant
submitted
jury
sentencing
jury
imposed
death
penalty
conviction
sentence
affirmed
appeal
state
highest
held
vote
eighth
amendment
prohibits
jury
considering
victim
impact
statement
sentencing
phase
capital
trial
made
clear
admissibility
victim
impact
evidence
determined
basis
evidence
per
se
inadmissible
sentencing
phase
capital
case
except
extent
relate
directly
circumstances
crime
gathers
decided
two
years
later
extended
rule
announced
booth
statements
made
prosecutor
sentencing
jury
regarding
personal
qualities
victim
booth
began
analysis
observation
capital
defendant
must
treated
uniquely
individual
human
bein
quoting
woodson
north
carolina
therefore
constitution
requires
jury
make
individualized
determination
whether
defendant
executed
based
character
individual
circumstances
crime
quoting
zant
stephens
concluded
prior
decision
mandated
defendant
character
immediate
characteristics
crime
may
constitutionally
considered
factors
irrelevant
capital
sentencing
decision
unless
bearing
defendant
personal
responsibility
moral
guilt
quoting
enmund
florida
extent
victim
impact
evidence
presents
factors
defendant
unaware
irrelevant
decision
kill
concluded
nothing
blameworthiness
particular
defendant
evidence
victim
character
observed
well
distract
sentencing
jury
constitutionally
required
task
determining
whether
death
penalty
appropriate
light
background
record
accused
particular
circumstances
crime
concluded
except
extent
victim
impact
evidence
relates
directly
circumstances
crime
prosecution
may
introduce
evidence
capital
sentencing
hearing
creates
impermissible
risk
capital
sentencing
decision
made
arbitrary
manner
booth
gathers
based
two
premises
evidence
relating
particular
victim
harm
capital
defendant
causes
victim
family
general
reflect
defendant
blameworthiness
evidence
relating
blameworthiness
relevant
capital
sentencing
decision
however
assessment
harm
caused
defendant
result
crime
charged
understandably
important
concern
criminal
law
determining
elements
offense
determining
appropriate
punishment
thus
two
equally
blameworthy
criminal
defendants
may
guilty
different
offenses
solely
acts
cause
differing
amounts
harm
bank
robber
aims
gun
guard
pulls
trigger
kills
target
may
put
death
gun
unexpectedly
misfires
may
moral
guilt
cases
identical
responsibility
former
greater
booth
scalia
dissenting
true
respect
two
defendants
participates
robbery
acts
reckless
disregard
human
life
robbery
first
defendant
participated
results
death
victim
may
subjected
death
penalty
robbery
second
defendant
participates
result
death
victim
death
penalty
may
imposed
tison
arizona
principles
guided
criminal
sentencing
opposed
criminal
liability
varied
times
book
exodus
prescribes
lex
talionis
eye
eye
tooth
tooth
exodus
england
continent
europe
recently
century
crimes
regarded
quite
minor
today
capital
offenses
writing
century
italian
criminologist
cesare
beccaria
advocated
idea
punishment
fit
crime
said
seen
true
measure
crimes
injury
done
society
farrer
crimes
punishments
gradually
list
crimes
punishable
death
diminished
legislatures
began
grading
severity
crimes
accordance
harm
done
criminal
sentence
given
offense
rather
precisely
fixed
legislature
prescribed
terms
minimum
maximum
actual
sentence
decided
judge
increasing
importance
probation
opposed
imprisonment
part
penological
process
california
developed
indeterminate
sentence
time
incarceration
left
almost
entirely
penological
authorities
rather
courts
recently
pendulum
swung
back
federal
sentencing
guidelines
went
effect
provided
precise
calibration
sentences
depending
upon
number
factors
factors
relate
subjective
guilt
defendant
harm
caused
acts
wherever
judges
recent
years
discretion
impose
sentence
consideration
harm
caused
crime
important
factor
exercise
discretion
first
significance
harm
jurisprudence
prerequisite
criminal
sanction
second
significance
harm
one
less
important
judges
measure
seriousness
offense
therefore
standard
determining
severity
sentence
meted
wheeler
mann
sarat
sitting
judgment
sentencing
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notion
eighth
amendment
similarly
exclude
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undue
capacity
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regime
individualized
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capital
jurisprudence
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finally
majority
contends
exclusion
evidence
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state
full
moral
force
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may
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information
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murder
ante
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see
booth
supra
white
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scalia
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jury
considering
relevant
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whether
evidence
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substantive
standards
define
scope
permissible
sentencing
determinations
eighth
amendment
majority
offers
persuasive
answer
justice
powell
justice
brennan
conclusion
evidence
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irrelevant
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consideration
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force
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jury
attention
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based
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precedents
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republican
party
illinois
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attorney
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mental
hospital
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illinois
fourth
amendment
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exclusion
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obtained
evidence
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witness
rankin
mcpherson
first
amendment
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public
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express
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matter
public
importance
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arkansas
fifth
amendment
sixth
amendment
right
criminal
defendant
provide
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testimony
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gray
mississippi
rejecting
applicability
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error
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eighth
amendment
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jury
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antonio
metropolitan
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tenth
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allen
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south
carolina
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scalia
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woodson
north
carolina
follows
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petitioner
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likely
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sentence
outside
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crime
scene
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penalty
phase
testimony
mary
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mother
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murder
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prosecutor
extrapolation
closing
argument
harmless
beyond
reasonable
doubt
justice
stevens
justice
blackmun
joins
dissenting
novel
rule
announces
today
represents
dramatic
departure
principles
governed
capital
sentencing
jurisprudence
decades
justice
marshall
properly
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majority
trivialization
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decisis
even
booth
maryland
south
carolina
gathers
decided
today
decision
represent
sharp
break
past
decisions
cases
provide
support
whatsoever
majority
conclusion
prosecutor
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introduce
evidence
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light
defendant
guilt
moral
culpability
thus
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purpose
encourage
jurors
decide
favor
death
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emotions
rather
reason
today
capital
punishment
jurisprudence
required
decision
impose
death
penalty
based
solely
evidence
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jury
character
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defendant
evidence
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purpose
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sympathies
emotions
jurors
never
considered
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defendant
murdered
convenience
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clerk
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robbery
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character
victim
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evenhanded
justice
requires
constraint
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advocate
death
penalty
almost
years
decision
williams
reviewed
scope
evidence
relevant
capital
sentencing
see
lockett
ohio
plurality
opinion
chief
justice
burger
concluded
capital
case
sentencer
must
prevented
considering
mitigating
factor
aspect
defendant
character
record
circumstances
offense
defendant
proffers
basis
sentence
less
death
emphasis
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williams
character
offense
character
offender
constituted
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category
relevant
evidence
victim
impact
evidence
still
unheard
lockett
decided
acknowledges
today
use
victim
impact
evidence
recent
origin
ante
insofar
jurisprudence
concerned
type
evidence
made
first
appearance
booth
maryland
opinion
justice
powell
noted
prior
cases
stated
question
whether
individual
defendant
executed
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basis
character
individual
circumstances
crime
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stephens
see
also
eddings
oklahoma
relying
cases
enmund
florida
concluded
unless
evidence
bearing
defendant
personal
responsibility
moral
guilt
admission
create
risk
death
sentence
might
based
considerations
constitutionally
impermissible
totally
irrelevant
sentencing
process
evidence
served
purpose
except
describe
personal
characteristics
victim
emotional
impact
crime
victim
family
therefore
constitutionally
irrelevant
decision
booth
entirely
consistent
practices
followed
since
american
colonies
became
nation
williams
holding
mandated
capital
punishment
jurisprudence
requires
decision
impose
death
penalty
based
reason
rather
caprice
emotion
see
gardner
florida
opinion
stevens
dissenting
opinions
booth
gathers
searched
vain
judicial
precedent
sanctioning
use
evidence
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offender
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process
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opinions
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ventures
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equated
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sentencing
procedure
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defendant
entitled
introduce
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state
may
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evidence
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aggravating
factor
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cabin
sentencer
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premise
criminal
prosecution
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state
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also
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prove
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prosecution
generally
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defendant
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defendant
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nature
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fed
rule
evid
even
balance
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today
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permitting
defendant
state
introduce
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consideration
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guidance
surely
nothing
enhance
parity
sentencing
process
iii
second
quantity
quality
victim
impact
evidence
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turn
verdict
life
prison
verdict
death
defined
crime
committed
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consistently
different
cases
sentencer
unguided
consideration
victim
impact
evidence
thus
conflicts
principle
central
capital
punishment
jurisprudence
discretion
afforded
sentencing
body
matter
grave
determination
whether
human
life
taken
spared
discretion
must
suitably
directed
limited
minimize
risk
wholly
arbitrary
capricious
action
gregg
georgia
joint
opinion
stewart
powell
stevens
reliance
capital
sentencer
victim
impact
evidence
simply
provide
principled
way
distinguish
cases
death
penalty
imposed
many
cases
godfrey
georgia
opinion
stewart
majority
attempts
justify
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impact
evidence
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consideration
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factor
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statement
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legislative
determinations
judicial
sentencing
true
evaluation
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caused
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kinds
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conduct
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legislative
definitions
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determinations
concerning
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guidelines
rational
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moral
culpability
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harm
caused
criminal
conduct
moreover
capital
sentencing
area
legislative
identification
special
aggravating
factors
may
justify
imposition
death
penalty
entirely
appropriate
majority
cites
authority
suggestion
unforeseeable
indirect
harms
victim
family
properly
considered
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evidence
basis
dissents
booth
gathers
majority
today
offer
recent
decision
tison
arizona
two
legislative
examples
support
contention
harm
victim
traditionally
influenced
sentencing
discretion
tison
held
death
penalty
may
imposed
felon
acts
reckless
disregard
human
life
death
occurs
course
felony
even
though
capital
punishment
imposed
one
dies
result
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legislative
example
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murder
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offenses
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punishments
ante
second
legislative
example
person
drives
intoxicated
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vehicular
homicide
actions
result
death
guilty
offense
good
fortune
make
home
without
killing
anyone
see
booth
white
dissenting
three
scenarios
however
fully
consistent
eighth
amendment
jurisprudence
reflected
booth
gathers
demonstrate
harm
victim
may
considered
capital
sentencer
ad
hoc
post
hoc
manner
authorized
today
majority
majority
examples
demonstrate
harm
victim
may
justify
enhanced
punishment
harm
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defendant
clearly
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advance
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legislature
class
harm
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case
result
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punishment
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defendants
reasonably
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defendants
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finally
scenario
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defendant
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life
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determination
conduct
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severely
majority
scenarios
therefore
provide
support
holding
permits
jury
sentence
defendant
death
harm
victim
family
defendant
foresee
even
identified
crime
committed
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jury
without
rational
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justify
death
sentence
one
case
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unlike
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elucidated
scenarios
majority
relies
majority
holding
offends
eighth
amendment
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argument
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authority
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justify
consideration
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impact
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details
harms
defendant
foreseen
majority
citation
gregg
georgia
concerning
wide
scope
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joint
opinion
stewart
powell
stevens
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support
today
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see
ante
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joint
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inability
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highlighted
misunderstanding
justice
powell
argument
booth
admission
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impact
evidence
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risks
shifting
focus
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hearing
away
defendant
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booth
found
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suggests
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reasons
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hearing
ante
thus
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booth
assumes
decision
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far
beyond
actual
holding
justice
souter
assumption
entirely
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contours
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sentencing
hearings
limited
evidence
concerning
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also
recognized
evidence
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prejudice
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wigmore
evidence
tillers
rev
case
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today
much
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tennessee
conclusion
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harmless
jury
necessarily
imposed
death
sentence
even
absent
error
fact
good
deal
evidence
routinely
properly
brought
attention
jury
merely
indicates
rule
booth
may
affect
outcome
many
cases
reaching
decision
today
however
concerned
cases
victim
impact
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cases
make
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cases
defendants
sentenced
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death
basis
evidence
otherwise
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defendants
moral
culpability
constitution
proscription
arbitrary
imposition
death
penalty
must
necessarily
proscribe
admission
evidence
serves
purpose
result
arbitrary
sentences
given
current
popularity
capital
punishment
society
political
appeal
arguments
assume
increasing
severity
sentences
best
cure
cancer
crime
political
strength
victims
rights
movement
recognize
today
decision
greeted
enthusiasm
large
number
concerned
thoughtful
citizens
great
tragedy
decision
however
danger
hydraulic
pressure
public
opinion
justice
holmes
described
properly
influences
deliberations
democratic
legislatures
played
role
decision
hear
case
decision
reach
constitutional
question
without
pausing
consider
affirming
basis
tennessee
rationale
even
resolution
constitutional
issue
involved
today
sad
day
great
institution
justice
scalia
accurately
described
argument
dissent
booth
maryland
recent
years
seen
outpouring
popular
concern
come
known
victims
rights
phrase
describes
proponents
feel
failure
courts
justice
take
account
sentencing
decisions
factors
mitigating
defendant
moral
guilt
also
amount
harm
caused
innocent
members
society
many
citizens
found
hence
unjust
criminal
trial
parade
witnesses
comes
forth
testify
pressures
beyond
normal
human
experience
drove
defendant
commit
crime
one
lay
sentencing
authority
full
reality
human
suffering
defendant
produced
moral
guilt
alone
one
reasons
society
deems
act
worthy
prescribed
penalty
thus
entirely
consistent
eighth
amendment
principles
underlying
booth
south
carolina
gathers
authorize
death
sentence
assassination
president
vice
president
see
congressman
cabinet
official
justice
head
executive
department
murder
policeman
active
duty
see
md
ann
code
art
statutory
provisions
give
potential
offender
notice
special
consequences
crime
ensure
legislatively
determined
punishment
applied
consistently
defendants
northern
securities
holmes
dissenting
see
payne
tennessee
stevens
dissenting
rust
sullivan
dissenting