williams people state new york argued april decided june rehearing denied june see appeal appeals state new york williams people state new york john finerty new york city appellant solomon klein brooklyn appellee justice black delivered opinion jury new york state found appellant guilty murder first degree jury recommended life imprisonment trial judge imposed sentence death giving reasons imposing death sentence judge discussed open evidence upon jury convicted stating evidence considered light additional information obtained department sources consideration additional information pursuant new york criminal code provides rendering judgment pronouncing sentence shall cause defendant previous criminal record submitted including reports may made result mental phychiatric sic physical examination person may seek information aid determining proper treatment defendant appeals new york affirmed conviction sentence contention construed applied controlling penal statutes violation due process clause fourteenth amendment constitution sentence death based upon information supplied witnesses accused confronted opportunity rebuttal statutes sustained constitutional challenge case appeal narrow contention makes unnecessary set facts length record shows carefully conducted trial lasting two weeks appellant represented three appointed lawyers conducted defense fidelity zeal evidence proved wholly indefensible murder committed person engaged burglary judge instructed jury returned verdict guilty charged without recommendation life sentence must impose death penalty recommendation made may impose life sentence judge went emphasize bound accept recommendation five weeks verdict guilty recommendation life imprisonment statutory investigation report judge defendant brought sentenced asked say appellant protested innocence three lawyers appealed accept jury recommendation life sentence judge gave reasons felt death sentence imposed narrated shocking details crime shown trial evidence expressing complete belief appellant guilt stated investigation revealed many material facts concerning appellant background though relevant question punishment properly brought attention jury consideration question guilt referred experience appellant thirty burglaries vicinity murder committed appellant convicted burglaries although judge information confessed identified perpetrator others judge also referred certain activities appellant shown probation report indicated appellant possessed morbid sexuality classified society accuracy statements made judge appellant background past practices challenged appellant counsel judge asked disregard afford appellant chance refute discredit otherwise case presents serious difficult question question relates rules evidence applicable manner judge may obtain information guide imposition sentence upon already convicted defendant within limits fixed statutes new york judges given broad discretion decide type extent punishment convicted defendants example judge discretion sentence life imprisonment death aid judge exercising discretion intelligently new york procedural policy encourages consider information convicted person past life health habits conduct mental moral propensities sentencing judge may consider information even though obtained outside courtroom persons defendant permitted confront consideration information obtained sentencing judge manner basis appellant broad constitutional challenge new york statutory policy appellant urges new york statutory policy irreconcilable conflict underlying philosophy second procedural policy grounded due process law clause fourteenth amendment policy stated oliver part person shall tried convicted offense unless given reasonable notice charges afforded opportunity examine adverse witnesses due process clause provide salutary protections question consideration guilt defendant seems entirely clear genesis historical evolution clause see chambers state florida authorities cited note tribunals passing guilt defendant always hedged strict evidentiary procedural limitations since american colonies became nation courts country england practiced policy sentencing judge exercise wide discretion sources types evidence used assist determining kind extent punishment imposed within limits fixed law affidavits used frequently course smaller communities sentencing judges naturally mind knowledge personalities backgrounds convicted offenders recent manifestation historical latitude allowed sentencing judges appears rule federal rules criminal procedure rule provides consideration federal judges reports made probation officers containing information convicted defendant including information may helpful imposing sentence granting probation correctional treatment defendant addition historical basis different evidentiary rules governing trial sentencing procedures sound practical reasons distinction trial verdict issue whether defendant guilty engaged certain criminal conduct specifically accused rules dence fashioned criminal trials narrowly confine trial contest evidence strictly relevant particular offense charged rules rest part necessity prevent time consuming confusing trial collateral issues also designed prevent trubunals concerned solely issue guilt particular offense influenced convict offense evidence defendant habitually engaged misconduct sentencing judge however confined narrow issue guilt task within fixed statutory constitutional limits determine type extent punishment issue guilt determined highly selection appropriate sentence possession fullest information possible concerning defendant life characteristics modern concepts individualizing punishment made necessary sentencing judge denied opportunity obtain pertinent information requirement rigid adherence restrictive rules evidence properly applicable trial undoubtedly new york statutes emphasize prevalent modern philosophy penology punishment fit offender merely crime people johnson belief longer prevails every offense like legal category calls identical punishment without regard past life habits particular offender whole country traveled far period death sentence automatic commonplace result offenses today deemed trivial today philosophy individualizing sentences makes sharp distinctions example first repeated offenders indeterminate sentences ultimate termination sometimes decided nonjudicial agencies large extent taken place old rigidly fixed punishments practice probation relies heavily implementation accepted wise policy execution parole system rests discretion administrative parole board stat retribution longer dominant objective criminal law reformation rehabilitation offenders become important goals criminal jurisprudence modern changes treatment offenders make necessary century ago observance distinctions evidential procedure trial sentencing processes indeterminate sentences probation resulted increase discretionary powers exercised fixing punishments general modern changes resulted making lot offenders harder contrary strong motivating force changes belief careful study lives personalities convicted offenders many less severely punished restored sooner complete freedom useful citizenship belief large large extent justified practice individualizing punishments investigation techniques given important role probation workers making reports investigations trained prosecute aid offenders reports given high value conscientious judges want sentence persons best available information rather guesswork inadequate information deprive ing judges kind information undermine modern penological procedural policies cautiously adopted throughout nation careful consideration experimentation must recognize information relied upon judges guide intelligent imposition sentences unavailable information restricted given open witnesse subject modern probation report draws information concerning every aspect defendant life type extent information make totally impractical impossible open testimony procedure endlessly delay criminal administration retrial collateral issues considerations set admonish us treating clause uniform command courts throughout nation abandon practice seeking information sources guide judgment toward enlightened sentence new york criminal statutes set wide limits maximum minimum sentences new york statutes state judge escape grave responsibility fixing sentence determining whether defendant shall receive year minimum maximum sentence think federal constitution restricts view sentencing judge information received open clause treated device freezing evidential procedure sentencing mold trial procedure treat clause hinder preclude making progressive efforts improve administration criminal justice urged however draw constitutional distinction procedure obtaining information death sentence imposed accept contention leaving sentencing judge free avail information making fateful choice sentences secure broad discretionary power one susceptible abuse considering whether rigid constitutional barrier created must remembered possibility abuse wherever judge must choose life imprisonment death ceded federal constitutional objection possible judge sentenced appellant death appellant trial manner impressed judge appellant bad risk society judge sentenced death giving reason say clause renders sentence void merely judge gets additional information assist exercise awesome power imposing death sentence appellant found guilty fairly conducted trial sentence followed hearing conducted judge upon judge inquiry sentence imposed defendant made statements counsel made extended arguments case went highest state power reverse abuse discretion legal error imposition sentence affirmed hold appellant denied due process law affirmed justice rutledge dissents justice murphy dissenting combination factors case impels dissent petitioner convicted murder jury sentenced death judge jury heard trial unanimously recommended life imprisonment suitable punishment defendant observed throughout trial heard evidence adduced spite shocking character crime found guilty unwilling decree life taken criminal courts jury sits representative community voice society crime committed judge even though vested statutory authority hesitate indeed increase severity community expression willing increase moreover scrupulous regard rights defendant record us indicates judge exercised discretion deprive man life reliance material made available probation report consisting almost entirely evidence inadmissible trial allegations prior crimes irrelevant much incompetent hearsay damaging none subject scrutiny defendant due process law includes least idea person accused crime shall accorded fair hearing stages proceedings agree value humaneness liberal use probation reports developed modern penologists capital case unanimous recommendation jury report concededly admissible trial subject examination defendant forced conclude high commands due process obeyed footnotes killing human unless excusable justifiable murder first degree committed act imminently dangerous others evincing depraved mind regardless human life although without premeditated design effect death individual without design effect death person engaged commission attempt commit felony either upon affecting person killed otherwise new york penal law first degree punishable death unless jury recommends life imprisonment provided section ten hundred new york penal law jury finding person guilty murder first degree defined subdivision two section ten hundred may part verdict recommend defendant imprisoned term natural life upon recommendation may sentence defendant imprisonment term natural life new york penal law requirements mentioned oliver case defendant permitted offer evidence behalf represented counsel appellant however represented counsel tried sentenced sentencing judge decline permit introduction evidence response judge inquiry statements made appellant counsel courts treated rules evidence applicable trial procedure sentencing process differently see snyder commonwealth massachusetts graham state west virginia dalhover cf state stevenson see cases collected et seq et seq et seq see also note admissibility character evidence determining sentence see pound criminal justice america see stephan see also myerson views sentencing criminals law glueck principles rational penal code warner cabot administration criminal jusice comment reform federal penal procedure yale blackstone commentaries laws england lewis ed respect policy administration probation act said necessary individualize case give careful humane comprehensive consideration particular situation offender possible exercise broad discretion burns commonwealth pennsylvania ex rel sullivan ashe stated determination sentences justice generally requires consideration particular acts crime committed taken account circumstances offense together character propensities offender see wood waite crime treatment wood waite crime treatment orfield criminal procedure arrest appeal see glueck probation criminal justice national probation directory probation parole officers cooley probation delinquency judge ulman writing trial judge dilemma discusses problems confront sentencing judge quotes one opinions factors judge consider imposing sentence protection society punishmentäor much betteräthe discipline reformation rehabilitation deterrence others commission like offenses obvious proper dealing factors involves study case upon individual basis crime crime property involve danger human life crime sudden passion studied deliberate criminal man constituted habituated war upon society little real hope ever anything menace societyäor obviously amenable reformation glueck probation criminal justice see also encyc soc science penal institutions late federal judge lewis schwellenbach article difficulties confront sentencing judge wrote knowledge life man background family proper basis determination treatment substitute information sentencing judge federal tools acquire information failure make full use tools justified schwellenbach information intuition imposition sentence see mcguire holtzoff problem sentence criminal law publication circulated administrative office courts contains suggested form probation reports serves example type information contained reports form consists thirteen headings offense prior record family history home neighborhood education religion interests activities health physical mental employment resources summary plan agencies interested headings broken form represents framework information inserted give sentencing judge composite picture defendant administrative office courts presentence investigation report pub new york criminal statutes illustrate broad statutory limits within sentencing judge must fix defendant penalty robbery first degree punishable imprisonment ten years thirty years new york penal law rape first degree imprisonment twenty years new york penal law burglary first degree punishable imprisonment ten thirty years burglary second degree term exceeding fifteen years new york penal law people stein misc people ex rel barone fox people johnson see commonwealth johnson english procedure see also see note right criminal offenders challenge reports used determining sentence said accepted holding sentencing procedure immune scrutiny clause see townsend burke