booth
maryland
argued
march
decided
june
found
petitioner
guilty
two
counts
murder
related
crimes
jury
sentenced
death
considering
presentence
report
prepared
state
maryland
report
included
victim
impact
statement
vis
required
state
statute
vis
based
interviews
family
two
victims
provided
jury
two
types
information
first
described
severe
emotional
impact
crimes
family
personal
characteristics
victims
second
set
forth
family
members
opinions
characterizations
crimes
petitioner
state
trial
denied
petitioner
motion
suppress
vis
rejecting
argument
information
irrelevant
unduly
inflammatory
therefore
violative
eighth
amendment
maryland
appeals
affirmed
petitioner
conviction
sentence
finding
vis
inject
arbitrary
factor
sentencing
decision
concluded
vis
serves
important
interest
informing
sentencer
full
measure
harm
caused
crime
held
introduction
vis
sentencing
phase
capital
murder
trial
violates
eighth
amendment
therefore
maryland
statute
invalid
extent
requires
consideration
information
information
irrelevant
capital
sentencing
decision
admission
creates
constitutionally
unacceptable
risk
jury
may
impose
death
penalty
arbitrary
capricious
manner
pp
state
contention
presence
absence
emotional
distress
victims
family
victims
personal
characteristics
proper
sentencing
considerations
capital
case
rejected
case
sentencing
jury
must
focus
background
record
accused
particular
circumstances
crime
vis
information
question
may
wholly
unrelated
blameworthiness
particular
defendant
may
cause
sentencing
decision
turn
irrelevant
factors
degree
victim
family
willing
able
articulate
grief
relative
worth
victim
character
thus
evidence
question
improperly
divert
jury
attention
away
defendant
moreover
difficult
impossible
provide
fair
opportunity
rebut
evidence
without
shifting
focus
sentencing
hearing
away
defendant
pp
admission
family
members
emotionally
charged
opinions
characterizations
crimes
serve
purpose
inflame
jury
divert
deciding
case
relevant
evidence
concerning
crime
defendant
admission
therefore
inconsistent
reasoned
decisionmaking
required
capital
cases
pp
powell
delivered
opinion
brennan
marshall
blackmun
stevens
joined
white
filed
dissenting
opinion
rehnquist
scalia
joined
post
scalia
filed
dissenting
opinion
rehnquist
white
joined
post
george
burns
argued
cause
petitioner
brief
alan
murrell
julia
doyle
bernhardt
charles
monk
ii
deputy
attorney
general
maryland
argued
cause
respondent
brief
joseph
curran
attorney
general
valerie
cloutier
assistant
attorney
general
julius
chambers
james
nabrit
iii
john
charles
boger
vivian
berger
anthony
amsterdam
filed
brief
naacp
legal
defense
educational
fund
amicus
curiae
urging
reversal
louis
ditrani
filed
brief
stephanie
roper
foundation
amicus
curiae
urging
affirmance
justice
powell
delivered
opinion
question
presented
whether
constitution
prohibits
jury
considering
victim
impact
statement
sentencing
phase
capital
murder
trial
irvin
bronstein
wife
rose
robbed
murdered
west
baltimore
home
murderers
john
booth
willie
reid
entered
victims
home
apparent
purpose
stealing
money
buy
heroin
booth
neighbor
bronsteins
knew
elderly
couple
identify
victims
bound
gagged
stabbed
repeatedly
chest
kitchen
knife
bodies
discovered
two
days
later
bronsteins
son
jury
found
booth
guilty
two
counts
murder
two
counts
robbery
conspiracy
commit
robbery
prosecution
requested
death
penalty
booth
elected
sentence
determined
jury
instead
judge
see
md
ann
code
art
sentencing
phase
began
state
division
parole
probation
dpp
complied
presentence
report
described
booth
background
education
employment
history
criminal
record
maryland
statute
presentence
report
felony
cases
also
must
include
victim
impact
statement
vis
describing
effect
crime
victim
family
md
ann
code
art
specifically
report
shall
identify
victim
offense
ii
itemize
economic
loss
suffered
victim
result
offense
iii
identify
physical
injury
suffered
victim
result
offense
along
seriousness
permanence
iv
describe
change
victim
personal
welfare
familial
relationships
result
offense
identity
request
psychological
services
initiated
victim
victim
family
result
offense
vi
contain
information
related
impact
offense
upon
victim
victim
family
trial
requires
vis
booth
case
based
interviews
bronsteins
son
daughter
granddaughter
many
comments
emphasized
victims
outstanding
personal
qualities
noted
deeply
bronsteins
missed
parts
vis
described
emotional
personal
problems
family
members
faced
result
crimes
son
example
said
suffers
lack
sleep
depression
fearful
first
time
life
app
said
opinion
parents
butchered
like
animals
ibid
daughter
said
also
suffers
lack
sleep
since
murders
become
withdrawn
distrustful
stated
longer
watch
violent
movies
look
kitchen
knives
without
reminded
murders
daughter
concluded
forgive
murderer
person
ever
rehabilitated
finally
granddaughter
described
deaths
ruined
wedding
another
close
family
member
took
place
days
bodies
discovered
ceremony
reception
sad
affairs
instead
leaving
honeymoon
bride
attended
victims
funeral
vis
also
noted
granddaughter
received
counseling
several
months
incident
eventually
stopped
concluded
one
help
dpp
official
conducted
interviews
concluded
vis
writing
became
increasingly
apparent
writer
talked
family
members
murder
bronstein
still
shocking
painful
devastating
memory
permeates
every
aspect
daily
lives
doubtful
ever
able
fully
recover
tragedy
haunted
memory
brutal
manner
loved
ones
murdered
taken
jury
sentenced
booth
death
murder
bronstein
life
imprisonment
murder
bronstein
automatic
appeal
maryland
appeals
affirmed
conviction
sentences
md
rejected
booth
claim
vis
injected
arbitrary
factor
sentencing
decision
noted
considered
argument
lodowski
state
md
vacated
grounds
concluded
vis
serves
important
interest
informing
sentencer
full
measure
harm
caused
crime
appeals
examined
vis
booth
case
concluded
relatively
factual
description
effects
murders
members
bronstein
family
held
death
sentence
imposed
influence
passion
prejudice
arbitrary
factors
see
md
ann
code
art
granted
certiorari
decide
whether
eighth
amendment
prohibits
capital
sentencing
jury
considering
victim
impact
evidence
conclude
reverse
ii
well
settled
jury
discretion
impose
death
sentence
must
suitably
directed
limited
minimize
risk
wholly
arbitrary
capricious
action
gregg
georgia
joint
opinion
stewart
powell
stevens
jj
california
ramos
although
normally
defer
state
legislature
determination
factors
relevant
sentencing
decision
constitution
places
limits
discretion
see
specifically
said
jury
must
make
individualized
determination
whether
defendant
question
executed
based
character
individual
circumstances
crime
zant
stephens
emphasis
original
see
also
eddings
oklahoma
never
said
defendant
record
characteristics
circumstances
crime
permissible
sentencing
considerations
state
statute
requires
consideration
factors
must
scrutinized
ensure
evidence
bearing
defendant
personal
responsibility
moral
guilt
enmund
florida
otherwise
create
risk
death
sentence
based
considerations
constitutionally
impermissible
totally
irrelevant
sentencing
process
see
zant
stephens
supra
vis
case
provided
jury
two
types
information
first
described
personal
characteristics
victims
emotional
impact
crimes
family
second
set
forth
family
members
opinions
characterizations
crimes
defendant
reasons
stated
find
information
irrelevant
capital
sentencing
decision
admission
creates
constitutionally
unacceptable
risk
jury
may
impose
death
penalty
arbitrary
capricious
manner
greater
part
vis
devoted
description
emotional
trauma
suffered
family
personal
characteristics
victims
state
claims
evidence
considered
circumstance
crime
reveals
full
extent
harm
caused
booth
actions
state
view
direct
foreseeable
nexus
murders
harm
family
thus
arbitrary
jury
consider
consequences
deciding
whether
impose
death
penalty
although
victim
impact
aggravating
factor
maryland
law
state
claims
knowing
extent
impact
upon
severity
loss
family
jury
better
able
assess
gravity
aggravating
quality
offense
brief
respondent
quoting
lodowski
state
full
range
foreseeable
consequences
defendant
actions
may
relevant
criminal
civil
contexts
agree
relevant
unique
circumstance
capital
sentencing
hearing
case
function
sentencing
jury
express
conscience
community
ultimate
question
life
death
witherspoon
illinois
carrying
task
jury
required
focus
defendant
uniquely
individual
human
bein
woodson
north
carolina
plurality
opinion
stewart
powell
stevens
focus
vis
however
defendant
character
reputation
victim
effect
family
factors
may
wholly
unrelated
blameworthiness
particular
defendant
cases
shown
defendant
often
know
victim
therefore
knowledge
existence
characteristics
victim
family
moreover
defendants
rarely
select
victims
based
whether
murder
effect
anyone
person
murdered
allowing
jury
rely
vis
therefore
result
imposing
death
sentence
factors
defendant
unaware
irrelevant
decision
kill
evidence
thus
divert
jury
attention
away
defendant
background
record
circumstances
crime
true
certain
cases
information
contained
vis
known
defendant
committed
offense
recognized
defendant
degree
knowledge
probable
consequences
actions
may
increase
moral
culpability
constitutionally
significant
manner
see
tison
arizona
nevertheless
find
nature
information
contained
vis
creates
impermissible
risk
capital
sentencing
decision
made
arbitrary
manner
evidenced
full
text
vis
case
see
appendix
opinion
family
members
articulate
persuasive
expressing
grief
extent
loss
cases
victim
leave
behind
family
family
members
may
less
articulate
describing
feelings
even
though
sense
loss
equally
severe
fact
imposition
death
sentence
may
turn
distinctions
illustrates
danger
allowing
juries
consider
information
certainly
degree
family
willing
able
express
grief
irrelevant
decision
whether
defendant
may
merit
death
penalty
live
die
see
cole
concurring
part
dissenting
part
concluding
arbitrary
make
capital
sentencing
decisions
based
vis
vary
greatly
case
case
depending
upon
ability
family
member
express
grief
justification
permitting
decision
turn
perception
victim
sterling
member
community
rather
someone
questionable
character
type
information
provide
principled
way
distinguish
cases
death
penalty
imposed
many
cases
godfrey
georgia
opinion
stewart
see
also
skipper
south
carolina
powell
concurring
judgment
also
note
difficult
impossible
provide
fair
opportunity
rebut
evidence
without
shifting
focus
sentencing
hearing
away
defendant
threshold
problem
victim
impact
information
easily
susceptible
rebuttal
presumably
defendant
right
declarants
rarely
able
show
family
members
exaggerated
degree
sleeplessness
depression
emotional
trauma
suffered
moreover
state
permitted
introduce
evidence
victim
personal
qualities
doubted
defendant
also
must
given
chance
rebut
evidence
see
gardner
florida
opinion
stevens
due
process
requires
defendant
given
chance
rebut
presentence
report
see
also
md
ann
code
art
putting
aside
strategic
risks
attacking
victim
character
jury
appropriate
cases
defendant
presumably
permitted
put
evidence
victim
dubious
moral
character
unpopular
ostracized
family
prospect
victim
character
simply
unappealing
well
distract
sentencing
jury
constitutionally
required
task
determining
whether
death
penalty
appropriate
light
background
record
accused
particular
circumstances
crime
thus
reject
contention
presence
absence
emotional
distress
victim
family
victim
personal
characteristics
proper
sentencing
considerations
capital
case
second
type
information
presented
jury
vis
family
members
opinions
characterizations
crimes
bronsteins
son
example
stated
parents
butchered
like
animals
think
anyone
able
something
like
get
away
app
vis
also
noted
bronstein
daughter
never
forgive
anyone
killing
parents
way
ca
believe
anybody
someone
victims
daughter
animals
perpetrators
kill
one
stop
looting
murders
show
viciousness
killers
anger
feel
people
ever
rehabilitated
want
able
put
another
family
iii
conclude
introduction
vis
sentencing
phase
capital
murder
trial
violates
eighth
amendment
therefore
maryland
statute
invalid
extent
requires
consideration
information
decision
maryland
appeals
vacated
extent
affirmed
capital
sentence
case
remanded
proceedings
inconsistent
opinion
ordered
appendix
opinion
victim
impact
statement
bronstein
son
daughter
granddaughter
interviewed
purposes
victim
impact
statement
also
four
grandchildren
family
victims
son
reports
parents
married
years
enjoyed
close
relationship
spending
day
together
father
worked
hard
life
retired
eight
years
describes
mother
woman
young
heart
never
seemed
like
old
lady
taught
play
bridge
seventies
victims
son
relates
parents
amazing
people
attended
senior
citizens
center
made
many
devout
friends
indicates
close
parents
talked
every
day
victims
daughter
also
spent
lots
time
victims
son
saw
parents
alive
last
time
may
lawn
manicured
excited
onset
spring
called
phone
evening
received
answer
made
arrangements
pick
bronstein
may
ushers
granddaughter
wedding
going
pick
tuxedos
arrived
house
may
noticed
parents
car
neighbor
told
seen
car
several
days
knew
something
wrong
went
parents
house
found
murdered
called
sister
crying
told
come
right
something
terrible
happened
parents
dead
victims
daughter
recalls
arrived
parents
house
police
officers
television
crews
everywhere
felt
numb
cold
allowed
go
house
went
neighbor
home
people
reporters
everywhere
feel
cold
called
older
daughter
told
happened
told
daughter
get
husband
tell
younger
daughter
happened
younger
daughter
married
two
days
later
victims
granddaughter
reports
received
call
mother
telephoned
grandparents
received
answer
mother
told
happened
turned
television
heard
news
reports
victims
son
reports
children
first
learned
grandparents
death
television
reports
since
jewish
religion
dictates
birth
marriage
important
death
granddaughter
wedding
proceed
may
looking
forward
eagerly
sad
occasion
people
crying
reception
normally
lasted
hours
brief
next
day
instead
going
honeymoon
attended
grandparents
funerals
victims
son
usher
wedding
remember
coming
going
parents
funeral
next
day
victims
granddaughter
hand
vividly
remembers
every
detail
days
following
grandparents
death
perhaps
described
impact
tragedy
eloquently
stated
completely
devastating
life
altering
experience
victims
son
think
parents
context
found
day
feel
fear
horror
discovered
bodies
stands
mind
always
aware
comes
day
even
near
clock
also
wakes
morning
victims
son
suffers
lack
sleep
unable
drive
streets
pass
near
parents
home
also
avoids
driving
past
father
favorite
restaurant
supermarket
parents
shopped
etc
constantly
reminded
parents
sees
father
coming
synagogues
sees
parents
car
feels
sad
whenever
sees
old
people
victims
son
feels
parents
killed
butchered
like
animals
think
anyone
able
something
like
get
away
angry
wishes
sleep
feel
depressed
time
fearful
first
time
life
putting
lights
checking
locks
frequently
children
scared
concerned
health
phone
several
times
day
time
takes
fearful
approach
whereabouts
children
also
calls
sister
every
day
frightened
reaction
someone
hurt
family
member
know
ever
victims
daughter
husband
eat
dinner
three
days
following
discovery
bronstein
bodies
cried
together
every
day
four
months
still
cries
every
day
sleep
single
night
thinks
part
died
parents
killed
reports
find
much
joy
anything
powers
concentration
good
feels
brain
overload
victims
daughter
relates
clean
parents
house
took
several
weeks
saw
bloody
carpet
knowing
parents
felt
like
getting
rug
holding
mother
wonders
happened
family
ordinary
people
victims
daughter
reports
become
noticeably
withdrawn
depressed
work
making
effort
outgoing
notes
emotionally
tired
sleep
night
tendency
fall
asleep
attends
social
events
dinner
parties
symphony
victims
daughter
wherever
goes
sees
hears
parents
happens
every
day
look
kitchen
knives
without
reminded
murders
never
away
ca
watch
movies
bodies
stabbings
ca
tolerate
reminder
violence
victims
daughter
relates
used
trusting
longer
doorbell
rings
tells
husband
answer
suspicious
people
never
way
victims
daughter
attended
defendant
trial
felt
someone
represent
parents
never
told
exact
details
parents
death
listen
medical
examiner
report
certain
point
mind
blocked
stopped
hearing
parents
stabbed
repeatedly
viciousness
never
forgive
anyone
killing
way
ca
believe
anybody
someone
victims
daughter
animals
kill
one
stop
looting
father
given
anything
murders
show
viciousness
killers
anger
feel
people
ever
rehabilitated
want
able
put
another
family
feels
lives
family
members
never
victims
granddaughter
unless
experience
something
like
ca
understand
feels
state
shock
several
months
terrible
depression
sets
angry
feel
rage
dwells
image
death
thinking
grandparents
time
become
hysterical
whenever
saw
dead
animals
road
able
drive
near
grandparents
house
never
able
go
neighborhood
victims
granddaughter
also
tendency
turn
lights
house
goes
panic
husband
late
coming
home
work
used
avid
reader
murder
mysteries
never
able
read
turn
radio
reports
violence
come
hit
close
home
gets
newspaper
reads
comics
throws
rest
away
small
everyday
things
haunt
constantly
always
saw
counselor
several
months
stopped
felt
one
help
victims
granddaughter
whole
thing
hard
sister
wedding
anniversary
always
bittersweet
tainted
memory
happened
grandparents
year
anniversary
husband
quietly
went
town
victims
granddaughter
finds
unable
look
sister
wedding
pictures
also
picture
grandparents
put
away
painful
look
victims
family
members
note
trials
suspects
charged
offenses
delayed
year
postponements
hard
family
emotionally
victims
son
notes
keeps
seeing
news
reports
parents
murder
show
house
police
removing
bodies
constant
reminder
family
wants
whole
thing
like
see
swift
punishment
described
family
members
bronsteins
loving
parents
grandparents
whose
family
important
funeral
largest
history
levinson
funeral
home
family
received
one
thousand
sympathy
cards
total
strangers
attempted
answer
card
personally
family
bronstein
extremely
good
people
hurt
fly
loss
terrible
void
put
lives
every
day
still
strain
get
became
increasingly
apparent
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