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statute
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blackmun
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petitioners
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rights
et
al
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kunstler
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harris
et
al
ruth
bourquin
gary
guzy
steven
reiss
stanley
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justice
blackmun
delivered
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murder
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life
sentence
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fourteenth
amendments
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raymond
wallace
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state
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closing
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new
york
mandatory
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penalty
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people
smith
cert
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sentence
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sentence
ii
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shuman
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years
enacted
shortly
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georgia
per
curiam
repealed
soon
decisions
gregg
georgia
woodson
north
carolina
prior
furman
nevada
statute
simply
provided
person
convicted
murder
jury
fix
penalty
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life
imprisonment
without
possibility
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cases
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sentence
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imprisonment
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nev
ch
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consider
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juries
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death
penalty
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imposed
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eighth
fourteenth
amendments
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less
year
furman
nevada
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statute
provided
list
situations
found
exist
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render
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murder
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mandated
death
penalty
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statute
intended
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penalty
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nev
ch
statute
respondent
sentenced
death
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furman
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although
every
state
abandoned
mandatory
procedures
prior
furman
proved
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woodson
north
carolina
plurality
opinion
including
nevada
enacted
mandatory
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furman
read
several
opinions
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judgment
furman
signal
procedures
avoid
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capricious
pitfalls
unguided
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procedures
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woodson
north
carolina
plurality
opinion
roberts
stanislaus
louisiana
plurality
opinion
see
also
furman
georgia
dissenting
opinion
alternative
forecast
however
maintained
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sentencing
narrowed
category
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penalty
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bifurcated
trial
provide
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sentencing
proceeding
provided
guidance
sentencing
authority
determine
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penalty
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case
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gregg
georgia
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stewart
powell
stevens
prior
occasions
recognized
differing
responses
furman
uncertain
state
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following
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see
woodson
north
carolina
plurality
opinion
lockett
ohio
opinions
addressing
constitutionality
five
state
statutes
much
clarify
standards
must
met
render
statute
facially
constitutional
explaining
statutes
georgia
florida
texas
facially
valid
mandatory
statutes
north
carolina
louisiana
relied
significant
degree
unique
nature
death
penalty
heightened
reliability
demanded
eighth
amendment
determination
whether
death
penalty
appropriate
particular
case
see
gregg
georgia
opinion
stewart
powell
stevens
jj
proffitt
florida
jurek
texas
woodson
north
carolina
plurality
opinion
roberts
stanislaus
louisiana
plurality
opinion
principal
opinions
cases
established
capital
cases
constitutionally
required
sentencing
authority
information
sufficient
enable
consider
character
individual
circumstances
defendant
prior
imposition
death
sentence
gregg
georgia
emphasis
added
see
also
woodson
north
carolina
year
following
decisions
nevada
legislature
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mandatory
statute
statute
similar
georgia
legislation
upheld
gregg
see
nev
ch
ch
pp
nevada
repeal
mandatory
statute
consistent
nationwide
trend
gregg
woodson
resulted
legislative
repeal
judicial
invalidation
statutes
important
examine
establishment
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doctrine
opinions
issued
development
doctrine
ensuing
decade
determining
whether
exception
justified
present
case
five
cases
decided
judgment
rested
joint
opinion
justices
stewart
powell
stevens
five
opinions
reflecting
views
members
vote
support
five
judgments
drew
critical
line
statutes
survive
constitutional
scrutiny
three
cases
upholding
statutes
opinions
emphasized
fact
capital
schemes
permitted
sentencing
authority
consider
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mitigating
circumstances
pertaining
offense
range
factors
defendant
individual
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gregg
georgia
proffitt
florida
jurek
texas
two
cases
striking
unconstitutional
mandatory
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opinions
stressed
one
fatal
flaws
sentencing
procedures
failure
permit
presentation
mitigating
circumstances
consideration
sentencing
authority
see
woodson
north
carolina
roberts
stanislaus
louisiana
woodson
opinion
explained
mandatory
death
penalty
statute
may
reasonably
expected
increase
number
persons
sentenced
death
fulfill
furman
basic
requirement
replacing
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wanton
jury
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imposing
sentence
death
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mandatory
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process
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significance
relevant
facets
character
record
individual
offender
circumstances
particular
offense
excludes
consideration
fixing
ultimate
punishment
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factors
stemming
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frailties
humankind
treats
persons
convicted
designated
offense
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beings
members
faceless
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penalty
death
prevailing
practice
individualizing
sentencing
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enlightened
policy
rather
constitutional
imperative
believe
capital
cases
fundamental
respect
humanity
underlying
eighth
amendment
requires
consideration
character
record
individual
offender
circumstances
particular
offense
constitutionally
indispensable
part
process
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penalty
death
ibid
iii
although
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current
status
constitutional
doctrine
appear
resolve
question
presented
case
nevada
statute
issue
applies
particular
situation
inmate
convicted
murder
reserved
judgment
constitutionality
statute
declined
determine
whether
mandatory
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inmates
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woodson
north
carolina
plurality
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particular
deterrence
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see
gregg
georgia
joint
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lockett
ohio
plurality
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render
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sentencing
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see
also
roberts
stanislaus
louisiana
plurality
opinion
roberts
harry
louisiana
consideration
case
places
issue
squarely
us
conclude
departure
individualized
doctrine
justified
reconciled
demands
eighth
fourteenth
amendments
nevada
mandatory
statute
shuman
sentenced
death
precluded
determination
whether
relevant
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circumstances
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imposing
sentence
less
death
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offense
capital
murder
specifying
murder
committed
inmate
revealed
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respondent
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murder
prison
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earlier
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offense
time
committed
yielded
sentence
life
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possibility
parole
two
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shuman
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support
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murder
jury
rendered
verdict
guilty
remained
trial
judge
enter
judgment
conviction
impose
death
sentence
death
sentence
foregone
conclusion
two
elements
capital
murder
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determine
whether
death
sentence
appropriate
sanction
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case
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inmate
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time
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responsibility
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convicted
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participation
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tison
arizona
enmund
florida
level
offender
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routine
crime
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level
involvement
inmate
violent
prison
incident
inmate
participation
may
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murder
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inmate
serving
sentence
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determining
whether
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sentence
permit
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shuman
sentenced
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nevada
law
authorized
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sentence
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sanction
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number
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nev
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substantial
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whether
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label
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shuman
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record
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offender
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extreme
emotional
disturbance
even
existence
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offender
reasonably
believed
provided
moral
justification
conduct
roberts
harry
louisiana
shuman
case
sentencing
authority
may
likely
find
relevant
behavior
years
incarceration
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whether
inmate
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line
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several
mitigating
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nevada
current
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equally
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murder
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hence
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shuman
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sentence
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ould
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lockett
ohio
mandatory
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life
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immune
nevada
death
penalty
convicted
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see
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fact
nevada
legislature
saw
fit
repeal
specific
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murder
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skipper
south
carolina
opinion
concurring
judgment
although
sentencing
authority
may
decide
sanction
less
death
appropriate
particular
case
fundamental
respect
humanity
underlying
eighth
amendment
requires
defendant
able
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sentence
iv
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shuman
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eighth
fourteenth
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judgment
appeals
affirmed
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footnotes
capital
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murder
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sentence
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every
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stanislaus
louisiana
plurality
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north
carolina
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woodson
emphasized
futility
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mandatory
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penalty
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scope
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punishment
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regard
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life
habits
particular
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williams
new
york
justice
concurring
concluded
reasoning
plurality
opinion
lockett
compels
remand
risk
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factors
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less
severe
penalty
eddings
oklahoma
quoting
lockett
also
relied
skipper
south
carolina
reinforced
constitutional
significance
authority
consideration
evidence
mitigating
sense
might
serve
basis
sentence
less
death
quoting
lockett
ohio
still
another
decision
earlier
term
several
members
acknowledged
constitutional
significance
principle
see
california
brown
noting
one
central
principles
established
eighth
amendment
jurisprudence
consideration
defendant
character
record
circumstances
offense
constitutionally
indispensable
part
process
inflicting
penalty
death
quoting
woodson
north
carolina
concurring
opinion
lockett
eddings
reflect
belief
punishment
directly
related
personal
culpability
criminal
defendant
thus
sentence
imposed
penalty
stage
reflect
reasoned
moral
response
defendant
background
character
crime
emphasis
original
acceptance
petitioners
assertion
language
used
opinions
reserving
judgment
matter
imports
merely
leaving
question
open
brief
petitioners
course
defeat
entire
purpose
deferring
resolution
issue
petitioners
attempt
evade
expressed
intent
leave
question
open
presented
directly
especially
inappropriate
cases
focus
today
provide
several
examples
prudent
approach
development
constitutional
doctrine
compare
gregg
georgia
reserving
judgment
question
whether
death
penalty
constitutionally
imposed
sanction
crime
rape
result
death
victim
coker
georgia
declaring
death
penalty
constitutionally
disproportionate
sanction
rape
adult
compare
woodson
north
carolina
plurality
opinion
reserving
judgment
question
whether
death
penalty
constitutionally
imposed
individual
actual
scene
robbery
resulted
two
fatal
shootings
convicted
enmund
florida
death
penalty
constitutionally
disproportionate
punishment
unless
defendant
killed
attempted
kill
intended
kill
intended
lethal
force
used
tison
arizona
death
penalty
constitutionally
proportionate
case
defendant
major
participant
felony
committed
combined
reckless
indifference
human
life
variety
circumstances
may
surround
murder
inmate
illustrated
examining
facts
shuman
case
facts
cases
two
inmates
currently
mandatorily
imposed
sentence
death
shuman
convicted
capital
murder
killing
fellow
inmate
burning
flammable
liquid
shuman
state
incident
apparently
resulted
fight
opening
window
near
cells
ibid
harris
state
crim
app
aff
denial
petition
writ
error
coram
nobis
aff
crim
app
review
denied
ex
parte
harris
inmate
convicted
murder
killing
guard
occurred
prison
uprising
denied
participating
stabbing
guard
claimed
coerced
participating
uprising
feared
life
opinion
dissenting
affirmance
inmate
death
sentence
chief
justice
torbert
explained
constitutional
inadequacy
procedure
accentuated
facts
case
defendant
though
found
guilty
first
degree
murder
presented
evidence
participation
prison
riot
coerced
fellow
inmates
though
constitute
defense
crime
obviously
factor
mitigate
death
penalty
therefore
considered
sentencing
procedure
thigpen
state
crim
app
aff
denial
petition
writ
coram
nobis
aff
crim
app
review
denied
ex
parte
thigpen
cert
denied
presents
situation
inmate
convicted
murder
outside
prison
environment
thigpen
convicted
murder
killing
farmer
committed
escape
attempt
participated
fellow
inmate
using
fencepost
see
also
acker
prison
murders
range
killings
homicides
defense
retaliation
homosexual
assault
slaying
correctional
officers
prison
riots
nevada
board
prison
commissioners
recognizes
murders
prison
involve
range
behavior
may
reflect
range
individual
responsibility
nevada
department
prisons
code
penal
discipline
offense
murder
inmate
yields
typical
disciplinary
segregation
term
three
years
placed
low
section
four
years
placed
medium
section
five
years
placed
high
section
see
app
postargument
letter
may
respondent
exh
pp
code
explains
decision
section
use
based
factors
mitigation
aggravation
factors
merit
three
years
disciplinary
segregation
instead
five
years
also
may
justify
sentence
less
death
case
particular
inmate
mandating
sentences
imposed
inmates
serving
life
terms
different
sentences
imposed
inmates
produce
odd
result
riot
culpable
participant
accorded
less
harsh
sentence
less
culpable
participant
simply
less
culpable
one
serving
life
sentence
culpable
one
serving
sentence
years
example
opinion
dissenting
affirmance
harris
death
sentence
justice
jones
thought
fact
overlooked
hatever
extent
harris
participation
killing
avowed
ring
leader
affray
another
prisoner
implicated
beginning
end
witnesses
testified
trial
murder
resulted
sentence
years
prison
harris
state
shuman
confession
offense
confession
melvin
rowland
revealed
rowland
shot
truckdriver
shuman
remained
car
shuman
wolff
harris
state
defendant
sentence
life
imprisonment
resulted
guilty
pleas
four
charges
robbery
one
charge
rape
apparently
offenses
classified
capital
offense
time
committed
resulted
death
sentence
see
also
greenfeld
bureau
justice
statistics
special
report
prison
admissions
releases
table
reflecting
life
terms
imposed
country
offenses
murder
current
statute
reads
murder
first
degree
may
mitigated
following
circumstances
even
though
mitigating
circumstance
sufficient
constitute
defense
reduce
degree
crime
defendant
significant
history
prior
criminal
activity
murder
committed
defendant
influence
extreme
mental
emotional
disturbance
victim
participant
defendant
criminal
conduct
consented
act
defendant
accomplice
murder
committed
another
person
participation
murder
relatively
minor
defendant
acted
duress
domination
another
person
youth
defendant
time
crime
mitigating
circumstance
rev
stat
sake
argument
premise
analysis
life
sentence
without
possibility
parole
nevada
purportedly
imposed
respondent
shuman
cases
harris
thigpen
inmate
sentenced
life
possibility
parole
obvious
sanction
withdraw
parole
possibility
discovered
oral
argument
case
however
fact
meaningful
sanction
shuman
case
well
first
sentence
life
without
possibility
parole
may
ultimately
mean
nevada
seems
say
see
tr
oral
arg
response
request
oral
argument
respondent
submitted
public
records
reveal
melvin
rowland
convicted
murder
also
sentenced
life
without
possibility
parole
currently
parole
may
nevada
board
pardons
commuted
rowland
sentence
life
possibility
parole
see
app
postargument
letter
may
respondent
exh
august
nevada
board
parole
commissioners
granted
rowland
parole
exh
moreover
since
persons
sentenced
nevada
life
without
possibility
parole
fact
paroled
exh
five
others
sentences
commuted
life
possibility
parole
release
remains
realistic
hope
ibid
mean
suggest
program
appropriate
indicate
however
cases
prison
rehabilitative
efforts
appear
yield
positive
results
nevertheless
somewhat
misleading
least
confusing
argue
death
penalty
real
sanction
imposed
shuman
punish
action
incarcerated
see
also
acker
inmates
country
realistic
expectation
parole
experience
least
one
state
suggests
mitigation
exist
cases
inmates
convicted
murder
see
brief
johnny
harris
donald
thigpen
amici
curiae
data
indicating
periods
state
statute
accorded
juries
discretion
capital
sentencing
life
sentences
imposed
alabama
juries
inmates
convicted
murder
elimination
procedure
also
eliminates
problem
possibility
jury
nullification
known
arise
mandatory
schemes
see
woodson
north
carolina
plurality
opinion
jury
believe
defendant
merits
death
sentence
knows
sentence
automatically
result
convicts
defendant
murder
charge
jury
may
disregard
instructions
determining
guilt
render
verdict
acquittal
guilty
lesser
included
offense
situation
presented
inmate
may
present
another
jury
nullification
problem
jury
believes
manner
punishing
inmate
execution
circumstances
undeserved
convictions
capital
murder
result
although
jury
may
believe
defendant
guilty
manslaughter
might
still
convict
greater
offense
jurors
believe
means
punishment
statutes
upheld
well
current
nevada
statute
provide
bifurcated
trials
capital
cases
avoid
nullification
problems
bifurcating
trial
phase
penalty
phase
tends
prevent
concerns
relevant
one
phase
infecting
jury
deliberations
justice
white
chief
justice
justice
scalia
join
dissenting
today
holds
eighth
amendment
prohibits
state
imposing
mandatory
death
sentence
prisoner
serving
life
term
murder
conviction
murders
fellow
inmate
reasons
constitution
requires
inmate
afforded
opportunity
present
mitigating
evidence
sentencer
reasoning
quite
obviously
assumes
cases
arise
type
statute
issue
inmate
able
presentation
mitigating
evidence
persuade
sentencer
impose
death
sentence
view
constitution
bar
state
legislature
determining
limited
class
cases
matter
law
amount
mitigating
evidence
ever
sufficient
outweigh
aggravating
factors
characterize
murder
committed
one
already
incarcerated
committing
previous
murder
serving
life
sentence
accordingly
dissent
dissented
decisions
holding
eighth
amendment
prohibits
mandatory
schemes
involved
cases
roberts
stanislaus
louisiana
white
joined
burger
blackmun
rehnquist
dissenting
woodson
north
carolina
even
decisions
accepted
opinions
neither
cases
requiring
individualized
sentencing
capital
defendants
compel
result
reaches
today
indeed
expressly
repeatedly
reserved
issue
addressed
case
see
roberts
stanislaus
louisiana
supra
roberts
harry
louisiana
lockett
ohio
mccleskey
kemp
signaling
rather
clearly
rationale
underpinning
individualized
sentencing
requirement
inexorably
lead
conclusion
mandatory
schemes
type
involved
offend
constitution
today
never
held
constitution
prohibits
state
identifying
especially
aggravated
exceedingly
narrow
category
murder
crime
respondent
stands
convicted
determining
matter
law
social
policy
combination
mitigating
factors
short
actual
defense
crime
charged
ever
warrant
reduction
sentence
death
thus
accept
majority
assertion
fact
inmate
convicted
murder
reflect
whether
circumstance
existed
time
murder
may
lessened
responsibility
acts
even
though
stand
legal
defense
murder
charge
ante
inmate
serving
life
sentence
convicted
capital
murder
legally
responsible
actions
one
meritorious
defense
recognized
relieving
inmate
responsibility
view
constitutional
right
persuade
sentencer
impose
essentially
punishment
taking
life
another
whether
guard
inmate
also
reject
majority
assertion
kind
mandatory
scheme
necessary
deterrent
inmate
commits
capital
murder
still
subject
death
penalty
crime
see
ante
majority
holds
inmates
serving
life
sentences
commit
capital
murder
must
opportunity
persuade
sentencers
death
penalty
imposed
moreover
assumption
succeed
thereby
inevitably
lessening
deterrent
effect
death
penalty
see
state
violate
eighth
amendment
maintaining
full
deterrent
effect
death
penalty
kind
case
insisting
murder
serving
life
sentence
without
parole
able
escape
punishment
crime