harris
alabama
argued
december
decided
february
alabama
law
vests
capital
sentencing
authority
trial
judge
requires
judge
consider
advisory
jury
verdict
convicting
petitioner
harris
capital
murder
jury
recommended
imprisoned
life
without
parole
trial
judge
sentenced
death
upon
concluding
statutory
aggravating
circumstance
found
considered
outweighed
mitigating
circumstances
alabama
criminal
appeals
affirmed
conviction
sentence
rejecting
harris
argument
capital
sentencing
statute
unconstitutional
specify
weight
judge
must
give
jury
recommendation
thus
permits
arbitrary
imposition
death
penalty
alabama
affirmed
held
eighth
amendment
require
state
define
weight
sentencing
judge
must
give
advisory
jury
verdict
pp
constitution
permits
trial
judge
acting
alone
impose
capital
sentence
see
spaziano
florida
offended
state
requires
judge
consider
jury
recommendation
trusts
judge
give
proper
weight
alabama
capital
sentencing
scheme
much
like
florida
except
florida
sentencing
judge
required
give
jury
recommendations
great
weight
see
tedder
state
alabama
judge
although
spoken
favorably
tedder
standard
see
spaziano
supra
also
made
clear
hallmark
analysis
particular
weight
state
chooses
place
upon
jury
advice
whether
scheme
adequately
channels
sentencer
discretion
prevent
arbitrary
results
see
ibid
impose
tedder
page
ii
standard
offend
established
principles
governing
criteria
considered
sentencer
see
franklin
lynaugh
place
within
constitutional
ambit
micromanagement
tasks
properly
rest
within
state
discretion
administer
criminal
justice
system
pp
harris
arguments
requiring
great
weight
given
jury
advice
unpersuasive
first
alabama
cases
reversing
death
sentences
prejudicial
errors
committed
advisory
jury
demonstrate
jury
role
fact
determinative
simply
sentence
imposed
judge
invalid
recommendation
partially
rests
rendered
erroneously
second
although
statistics
demonstrate
cases
alabama
judge
rejected
advisory
verdict
death
compared
instances
judge
imposed
death
sentence
jury
recommendation
life
numbers
tell
whole
story
indicate
example
many
cases
jury
recommendation
life
adopted
ended
differently
judge
required
consider
jury
advice
moreover
statistics
say
little
whether
alabama
scheme
constitutional
question
turns
solely
numerical
tabulations
sentences
rather
whether
penalties
imposed
product
properly
guided
discretion
arbitrary
whim
finally
apparent
disparities
weight
given
jury
verdicts
specific
alabama
cases
indicate
judges
divergent
understandings
statutory
requirement
verdicts
considered
simply
reflect
fact
subjective
weighing
process
emphasis
given
decisional
criterion
must
necessity
vary
account
particular
circumstances
case
event
harris
show
disparities
affect
case
pp
delivered
opinion
rehnquist
scalia
kennedy
souter
thomas
ginsburg
breyer
joined
stevens
filed
dissenting
opinion
harris
alabama
justice
delivered
opinion
alabama
law
vests
capital
sentencing
authority
trial
judge
requires
judge
consider
advisory
jury
verdict
granted
certiorari
consider
petitioner
argument
alabama
capital
sentencing
statute
unconstitutional
specify
weight
judge
must
give
jury
recommendation
thus
permits
arbitrary
imposition
death
penalty
harris
alabama
judge
must
consider
available
evidence
file
written
statement
detailing
defendant
crime
listing
specific
aggravating
mitigating
factors
imposing
sentence
alabama
code
provides
deciding
upon
sentence
trial
shall
determine
whether
aggravating
circumstances
finds
exist
outweigh
mitigating
circumstances
finds
exist
trial
shall
consider
recommendation
jury
contained
advisory
verdict
unless
verdict
waived
pursuant
section
jury
recommendation
concerning
sentence
shall
given
consideration
binding
upon
petitioner
louise
harris
married
victim
deputy
sheriff
also
affair
lorenzo
mccarter
asked
mccarter
find
someone
kill
husband
mccarter
end
approached
refused
reported
solicitation
supervisor
mccarter
found
willing
accomplices
michael
sockwell
alex
hood
paid
given
vague
promise
money
upon
performance
appointed
night
husband
left
work
nightshift
harris
harris
alabama
called
mccarter
beeper
alert
mccarter
hood
sat
car
parked
nearby
street
sockwell
hid
bushes
next
stop
sign
victim
stopped
car
intersection
sockwell
sprang
forth
shot
point
blank
shotgun
harris
arrested
questioning
mccarter
agreed
bear
witness
conspiracy
exchange
prosecutor
promise
seek
death
penalty
mccarter
testified
harris
asked
kill
husband
share
death
benefits
totaled
jury
convicted
harris
capital
murder
sentencing
hearing
number
witnesses
attested
good
background
strong
character
rearing
seven
children
held
three
jobs
simultaneously
participated
actively
church
jury
recommended
vote
imprisoned
life
without
parole
trial
judge
considered
sentence
finding
existence
one
aggravating
circumstance
murder
committed
pecuniary
gain
one
statutory
mitigator
harris
prior
criminal
record
trial
judge
also
found
nonstatutory
mitigating
circumstances
harris
hardworking
respected
member
church
community
noting
harris
planned
crime
financed
commission
stood
benefit
husband
murder
judge
concluded
one
statutory
aggravating
circumstance
found
considered
far
outweighs
mitigating
circumstances
sentence
death
app
separate
proceedings
conspirators
convicted
capital
murder
mccarter
hood
received
prison
terms
life
without
parole
sockwell
triggerman
sentenced
death
trial
judge
rejected
jury
recommendation
vote
life
imprisonment
harris
alabama
alabama
criminal
appeals
affirmed
harris
conviction
sentence
noted
alabama
death
penalty
statute
based
florida
sentencing
scheme
held
constitutional
see
spaziano
florida
proffitt
florida
joint
opinion
stewart
powell
stevens
one
difference
jury
recommendations
given
great
weight
sentencing
judge
florida
see
tedder
state
whereas
alabama
requires
judge
consider
advisory
verdict
criminal
appeals
rejected
harris
contention
florida
tedder
standard
constitutionally
required
however
statute
prescribes
reviewed
record
prejudicial
errors
independently
weighed
aggravating
mitigating
circumstances
finding
errors
concluding
death
proper
sentence
affirmed
alabama
also
affirmed
discussing
unrelated
claim
granted
certiorari
ii
alabama
capital
sentencing
scheme
much
like
florida
require
jury
participation
sentencing
process
give
ultimate
sentencing
authority
trial
judge
code
stat
sentence
death
subject
automatic
appellate
review
code
stat
florida
alabama
reviewing
courts
must
independently
weigh
aggravating
mitigating
circumstances
determine
propriety
death
sentence
code
harvard
state
cert
denied
must
decide
whether
penalty
excessive
harris
alabama
disproportionate
compared
similar
cases
code
williams
state
cert
denied
two
differ
one
important
respect
florida
opined
trial
judge
must
give
great
weight
jury
recommendation
may
override
advisory
verdict
life
unless
facts
suggesting
sentence
death
clear
convincing
virtually
reasonable
person
differ
tedder
state
deference
inures
jury
recommendation
death
see
grossman
state
collecting
cases
alabama
capital
sentencing
statute
contrast
requires
judge
consider
jury
recommendation
alabama
courts
refused
read
tedder
standard
statute
see
ex
parte
jones
distinction
alabama
florida
schemes
forms
controversy
case
whether
eighth
amendment
constitution
requires
sentencing
judge
ascribe
particular
weight
verdict
advisory
jury
held
florida
capital
sentencing
statute
constitutional
see
proffitt
florida
spaziano
florida
spaziano
addressed
specific
question
whether
florida
consistent
constitution
vest
sentencing
authority
judge
relegate
jury
advisory
role
acknowledging
sentencing
power
resides
jury
made
clear
eighth
amendment
violated
every
time
state
reaches
conclusion
different
majority
sisters
best
administer
criminal
laws
therefore
rejected
contention
placing
responsibility
trial
judge
impose
sentence
capital
case
fundamentally
odds
contemporary
standards
harris
alabama
fairness
decency
florida
must
required
alter
scheme
give
final
authority
jury
make
decision
see
also
walton
arizona
clemons
mississippi
asserting
death
penalty
serves
function
rehabilitation
incapacitation
deterren
ce
justice
stevens
argues
jury
bear
responsibility
express
conscience
community
ultimate
question
life
death
particular
cases
post
internal
quotations
omitted
purpose
served
capital
punishment
state
implement
capital
punishment
scheme
extent
questions
involve
policy
issues
matters
judges
jurisdiction
power
judicial
review
legitimately
extends
determine
whether
policy
choices
community
expressed
legislative
enactments
comport
constitution
noted
elsewhere
obligation
insure
constitutional
bounds
overreached
may
act
judges
might
legislators
gregg
georgia
joint
opinion
stewart
powell
stevens
jj
various
opinions
florida
statute
spoken
favorably
deference
judge
must
accord
jury
verdict
florida
law
rejecting
ex
post
facto
challenge
dobbert
florida
noted
crucial
protection
provided
standard
tedder
state
fashion
dismissing
spaziano
argument
tedder
standard
wrongly
applied
lower
courts
case
stated
already
recognized
significant
safeguard
tedder
standard
affords
capital
harris
alabama
defendant
florida
see
dobbert
florida
see
also
proffitt
joint
opinion
satisfied
florida
takes
standard
seriously
hesitated
reverse
trial
derogates
jury
role
spaziano
consistent
established
constitutional
law
alabama
chosen
guide
sentencing
decision
requiring
jury
judge
weigh
aggravating
mitigating
circumstances
harris
challenge
legislative
choice
objects
neither
vesting
sentencing
authority
judge
requirement
advisory
verdict
considered
process
seeks
instead
constitutional
mandate
verdict
considered
relying
florida
standard
suggests
judge
must
give
great
weight
jury
advice
rejected
notion
specific
method
balancing
mitigating
aggravating
factors
capital
sentencing
proceeding
constitutionally
required
franklin
lynaugh
harris
alabama
equally
settled
corollary
constitution
require
state
ascribe
specific
weight
particular
factors
either
aggravation
mitigation
considered
sentencer
see
blystone
pennsylvania
eddings
oklahoma
proffitt
joint
opinion
stewart
powell
stevens
require
great
weight
given
jury
recommendation
one
criteria
considered
sentencer
offend
established
principles
place
within
constitutional
ambit
micromanagement
tasks
properly
rest
within
state
discretion
administer
criminal
justice
system
therefore
hold
eighth
amendment
require
state
define
weight
sentencing
judge
must
accord
advisory
jury
verdict
harris
argues
alabama
law
verdict
advisory
jury
fact
enjoys
key
sentencing
role
subject
review
judge
support
points
alabama
cases
reversing
death
sentences
prejudicial
errors
committed
advisory
jury
see
ex
parte
williams
unless
jury
played
key
role
goes
argument
reversal
warranted
sentencing
judge
exposed
harmful
error
flaw
contention
reversal
proper
long
jury
recommendation
plays
role
judge
decision
necessarily
determinative
one
judge
must
consider
jury
verdict
sentencing
capital
defendant
statute
plainly
requires
follows
sentence
invalid
recommendation
upon
partially
rests
rendered
erroneously
espinosa
florida
advisory
jury
sentencing
judge
presented
invalid
aggravating
factor
summarily
reversed
death
harris
alabama
sentence
explaining
florida
essentially
split
weighing
process
two
initially
jury
weighs
aggravating
mitigating
circumstances
result
weighing
process
turn
weighed
within
trial
process
weighing
aggravating
mitigating
circumstances
slip
error
committed
jury
considers
invalid
factor
verdict
turn
considered
judge
kind
indirect
weighing
invalid
aggravating
factor
creates
potential
arbitrariness
direct
weighing
invalid
aggravating
factor
result
therefore
error
ibid
citation
omitted
consequential
error
attaches
whenever
jury
recommendation
considered
process
given
great
weight
judge
observed
florida
context
permitting
trial
judge
reject
jury
advisory
verdict
may
afford
capital
defendants
second
chance
life
trial
judge
dobbert
practice
however
alabama
sentencing
scheme
yielded
ostensibly
surprising
statistics
according
alabama
prison
project
cases
judge
rejected
advisory
verdict
death
compared
instances
judge
imposed
death
sentence
jury
recommendation
life
statistics
compiled
alabama
prison
project
lodged
clerk
numbers
tell
whole
story
know
instance
many
cases
jury
recommendation
life
imprisonment
adopted
ended
differently
judge
required
consider
jury
advice
without
subjective
look
minds
decisionmakers
deceptively
objective
numbers
afford
best
incomplete
picture
even
assuming
statistics
reflect
true
view
capital
sentencing
alabama
say
little
whether
scheme
constitutional
harris
alabama
question
turns
solely
numerical
tabulation
actual
death
sentences
compared
hypothetical
alternative
rather
whether
penalties
imposed
product
properly
guided
discretion
arbitrary
whim
alabama
statute
indeed
effect
drafters
anticipated
unintended
results
little
constitutional
consequence
ineffectual
law
state
legislature
amend
us
annul
harris
draws
attention
apparent
disparities
weight
given
jury
verdicts
different
cases
alabama
example
trial
judge
specify
reason
rejecting
jury
advice
another
case
wrote
accorded
great
weight
recommendation
state
coral
montgomery
june
alabama
sentencing
orders
lodged
clerk
rejecting
jury
verdict
judges
commented
variously
reasonable
basis
state
parker
colbert
alabama
sentencing
orders
verdict
unquestionably
bizarre
result
ex
parte
hays
proper
case
death
penalty
imposed
proper
case
scarcely
imagined
state
frazier
mobile
july
alabama
sentencing
orders
juxtaposing
statements
harris
argues
alabama
statute
permits
judges
reject
arbitrarily
advisory
verdict
thereby
abusing
sentencing
discretion
statements
indicate
judges
divergent
understandings
statutory
requirement
jury
verdicts
considered
simply
illustrate
different
judges
considered
jury
advice
reason
expect
advisory
verdicts
treated
uniformly
every
case
alabama
statute
provides
weighing
process
harris
alabama
shall
defined
mean
mere
tallying
aggravating
mitigating
circumstances
purpose
numerical
comparison
code
less
constitution
requires
see
proffitt
joint
opinion
disparate
treatment
jury
verdicts
simply
reflects
fact
subjective
weighing
process
emphasis
given
decisional
criterion
must
necessity
vary
order
account
particular
circumstances
case
see
eddings
oklahoma
consistency
produced
ignoring
individual
differences
false
consistency
event
harris
show
various
statements
affect
case
bring
equal
protection
claim
contest
lower
courts
conclusion
sentence
proportionate
imposed
similar
cases
sentiments
expressed
unrelated
cases
render
punishment
violative
eighth
amendment
constitution
permits
trial
judge
acting
alone
impose
capital
sentence
thus
offended
state
requires
sentencing
judge
consider
jury
recommendation
trusts
judge
give
proper
weight
accordingly
affirm
judgment
alabama
ordered
harris
alabama
alabama
capital
sentencing
statute
unique
alabama
unlike
state
union
trial
judge
unbridled
discretion
sentence
defendant
death
even
though
jury
determined
death
inappropriate
penalty
even
though
basis
exists
believing
reasonable
properly
instructed
jury
impose
death
sentence
even
accepted
reasoning
spaziano
florida
see
stevens
concurring
part
dissenting
part
conclude
complete
absence
standards
guide
judge
consideration
jury
verdict
renders
statute
invalid
eighth
amendment
due
process
clause
fourteenth
amendment
harris
alabama
legislative
decisions
reflect
judgment
expressed
england
study
royal
commission
capital
punishment
question
whether
grounds
relieving
prisoner
liability
sentenced
death
question
quite
different
order
question
whether
serve
shorter
longer
term
imprisonment
involves
much
deeper
moral
social
issues
lesson
history
criminal
offence
punishable
death
practice
juries
confine
attention
issue
guilt
ignore
sentence
conviction
entails
past
british
juries
perverse
verdicts
petitions
least
harris
alabama
much
campaigns
reformers
bring
law
conformity
developing
moral
conceptions
community
especially
field
capital
punishment
may
well
argued
men
women
jury
may
regarded
microcosm
community
reflect
changing
attitudes
society
whole
infliction
capital
punishment
therefore
appropriate
body
decide
whether
found
guilty
murder
suffer
penalty
death
prescribed
law
receive
lesser
punishment
royal
commission
capital
punishment
report
harris
alabama
constitution
permit
judges
determine
guilt
innocence
accused
without
consent
reasons
underlie
prohibition
harris
alabama
apply
sentencing
decisions
framers
constitution
knew
history
experience
necessary
protect
judges
responsive
voice
higher
authority
duncan
louisiana
explained
duncan
jury
trial
provisions
federal
state
constitutions
reflect
fundamental
decision
exercise
official
power
reluctance
entrust
plenary
powers
life
liberty
citizen
one
judge
group
judges
fear
unchecked
power
typical
state
federal
governments
respects
found
expression
criminal
law
insistence
upon
community
participation
determination
guilt
innocence
ibid
harris
alabama
ii
alabama
statute
expressly
provided
death
sentence
upon
verdict
either
jury
judge
doubt
violate
constitution
command
defendant
twice
put
jeopardy
life
limb
amdt
cf
bullington
missouri
alabama
scheme
practical
effect
recognizes
ante
alabama
trial
judges
almost
always
adopt
jury
verdicts
recommending
death
prosecutor
wins
jury
confident
defendant
receive
death
sentence
prosecutor
loses
jury
gets
second
fresh
opportunity
secure
death
sentence
may
present
judge
exactly
evidence
arguments
jury
rejected
defendant
life
twice
put
harris
alabama
jeopardy
jury
repeat
performance
different
likely
less
sympathetic
decisionmaker
scheme
assumed
provid
capital
defendants
rather
less
judicial
protection
dobbert
florida
perversely
devolved
procedure
requires
defendant
stave
death
sentence
two
de
novo
sentencing
hearings
surprisingly
given
political
pressures
face
judges
far
likely
juries
impose
death
penalty
long
case
recent
experience
judicial
overrides
confirms
alabama
judges
vetoed
five
jury
recommendations
death
condemned
defendants
juries
spared
harris
alabama
acknowledges
ostensibly
surprising
fact
ante
dismisses
inconclusive
know
many
cases
jury
recommendation
life
imprisonment
adopted
ended
differently
judge
required
consider
jury
advice
ibid
attempt
shrug
reality
alabama
capital
sentencing
misses
point
perhaps
alabama
judges
even
severe
sentences
even
frequently
inconsistent
community
sense
justice
alabama
provided
jury
verdicts
proper
frame
reference
sentencing
scheme
jury
rather
sentencing
scheme
judge
scheme
maintained
capital
punishment
comparison
fact
alabama
trial
judges
overridden
nine
juries
life
recommendations
every
vetoed
death
recommendation
conclusive
indeed
death
sentences
imposed
judges
especially
jury
recommendations
sever
critical
link
contemporary
community
values
penal
system
witherspoon
result
execution
defendants
community
spare
death
sentences
imposed
judges
contrary
jury
verdicts
countermand
community
judgment
express
contempt
judgment
judicial
overrides
undermine
jury
system
central
tenet
sharing
administration
justice
phase
civic
responsibility
thiel
southern
pacific
frankfurter
dissenting
overrides
also
sacrifice
legitimacy
jury
verdicts
potentially
great
cost
whereas
public
harris
alabama
presumes
death
sentence
imposed
jury
reflects
community
judgment
death
appropriate
response
defendant
crime
presumption
attach
lone
government
official
decree
indeed
executions
unsupported
judgments
fair
citizenry
may
undermine
respect
value
human
life
unwittingly
increase
tolerance
killing
justice
brandeis
reminded
us
government
potent
omnipresent
teacher
good
ill
teaches
whole
people
example
crime
contagious
olmstead
dissenting
opinion
unless
imposition
death
penalty
consistently
rests
scrupulous
harris
alabama
regard
fair
procedure
application
accepted
community
standards
may
well
teach
lesson
aggravates
dangers
intended
deter
iii
alabama
stands
alone
among
refusal
constrain
judges
power
condemn
defendants
contrary
jury
verdicts
florida
statute
upheld
spaziano
interpreted
florida
requires
prosecutor
satisfy
stringent
standard
judge
jury
prohibiting
judicial
override
unless
facts
supporting
death
sentence
clear
convincing
virtually
reasonable
person
differ
tedder
state
standard
satisfied
judge
may
rationally
presume
jury
verdict
fairly
reflect
judgment
community
delaware
indiana
impose
similar
requirements
overrides
see
pennell
state
del
state
ind
repeatedly
cited
tedder
standard
approval
suggesting
constitution
requires
constraint
jury
override
provision
see
spaziano
dobbert
florida
proffitt
florida
harris
alabama
joint
opinion
stewart
powell
stevens
today
dismisses
statements
justice
blackmun
stated
opinion
spaziano
satisfied
florida
takes
tedder
seriously
hesitated
reverse
trial
derogates
jury
role
added
majority
notes
ur
responsibility
however
deference
accorded
jury
recommendation
particular
case
ensure
result
process
arbitrary
discriminatory
majority
reads
second
statement
mean
hallmark
analysis
particular
weight
state
chooses
place
upon
jury
advice
ante
reading
overly
ambitious
best
question
whether
constitution
requires
tedder
rule
goes
squarely
result
process
spaziano
declined
upset
result
particular
case
based
way
florida
applied
tedder
case
announce
reached
result
florida
abjured
tedder
entirely
rather
appears
made
tedder
role
florida
scheme
necessary
consideration
evaluation
florida
overrides
reading
justice
blackmun
opinion
spaziano
tenable
likely
reading
opinion
meant
echo
previous
suggestions
jury
override
scheme
unconstitutional
without
tedder
follow
suggestions
recognize
tedder
constitutional
imperative
explained
unfettered
judicial
override
jury
verdict
life
imprisonment
taken
represent
judgment
community
penalty
fails
reflect
community
judgment
death
appropriate
sentence
constitutes
cruel
unusual
punishment
reasoning
gregg
remarkably
harris
alabama
attempts
bolster
holding
citing
reversal
florida
death
sentence
error
advisory
jury
ante
citing
espinosa
florida
forgets
difference
florida
alabama
precisely
stake
case
constitution
compelled
espinosa
ultimate
reason
compels
tedder
community
undistorted
judgment
must
decide
capital
defendant
fate
proper
attention
espinosa
lead
reject
conclusion
reaches
today
reaching
result
also
fails
consider
longstanding
principle
eighth
amendment
must
draw
meaning
evolving
standards
decency
mark
progress
maturing
society
trop
dulles
spaziano
held
rejection
capital
jury
sentencing
seven
capital
jury
overrides
time
three
demonstrate
evolving
standard
disfavoring
overrides
spaziano
surely
however
rejection
standardless
overrides
every
state
union
alabama
different
matter
cf
enmund
florida
today
casts
cloud
legitimacy
capital
sentencing
jurisprudence
credible
justification
death
penalty
expression
community
outrage
permit
state
execute
woman
spite
community
considered
judgment
die
sever
death
penalty
legitimate
mooring
absence
harris
alabama
rudder
judge
power
negate
community
judgment
renders
alabama
capital
sentencing
scheme
fundamentally
unfair
results
cruel
unusual
punishment
therefore
respectfully
dissent
footnotes
harris
alabama
see
violent
crime
control
law
enforcement
act
stat
gregg
georgia
although
noted
incapacitation
advanced
rationale
upholding
death
penalty
opinion
stewart
powell
stevens
jj
plurality
opinion
placed
reliance
incapacitation
acceptable
justification
see
california
ramos
marshall
dissenting
see
spaziano
florida
stevens
concurring
part
dissenting
part
zeisel
limits
law
enforcement
gillers
deciding
dies
rev
climate
evident
political
attacks
candidates
reservations
death
penalty
example
challengers
senate
seats
recent
elections
routinely
savaged
incumbent
opponents
supporting
federal
judicial
nominees
perceived
soft
capital
punishment
see
lehigh
phillips
romney
kennedy
air
another
round
attack
ads
boston
globe
lesher
huffington
attacks
rival
judges
times
political
notebook
memphis
commercial
appeal
race
senators
also
made
death
penalty
litmus
test
judicial
confirmation
hearings
see
lewis
challenge
judicial
nominees
oppose
death
penalty
times
vick
harris
alabama
barkett
foes
show
strength
even
defeat
petersburg
times
mar
one
commentator
written
ost
experts
penal
systems
agree
capital
punishment
deter
capital
crime
public
believes
politicians
switching
longstanding
positions
accommodate
view
democratic
system
wills
read
polls
heed
america
times
sec
magazine
always
believed
legislative
decision
authorize
override
intended
protect
defendant
risk
erroneous
jury
decision
impose
death
penalty
see
proffitt
florida
joint
opinion
stewart
powell
stevens
past
argued
override
serve
protect
defendants
see
brief
respondent
dobbert
florida
said
florida
new
override
procedure
reduces
possibility
mercy
fact
enhanced
see
zeisel
data
juror
attitudes
towards
capital
punishment
statistics
florida
indiana
confirm
judges
tend
override
juries
life
recommendations
far
often
death
recommendations
early
florida
trial
judges
imposed
death
sentences
juries
recommendations
life
imprisonment
see
radelet
mello
overrides
saving
resources
florida
rev
period
florida
judges
overrode
death
recommendations
indiana
early
judges
used
overrides
impose
eight
death
sentences
four
life
sentences
memorandum
paula
sites
legal
director
indiana
public
defender
council
library
lodged
harris
alabama
clerk
even
extreme
disparity
alabama
may
well
attributable
alabama
unique
failure
adopt
stringent
standard
governs
overrides
see
infra
part
iii
research
provided
evidence
executions
actually
increase
level
violence
society
example
controlled
year
study
new
york
state
revealed
average
two
additional
homicides
occurred
month
following
execution
see
bowers
pierce
deterrence
brutalization
effect
executions
crime
delinquency
study
california
produced
less
conclusive
similar
results
see
graves
deterrent
effect
capital
punishment
california
death
penalty
america
bedau
experienced
prosecutors
recognize
reality
morgenthau
prosecutors
wo
tell
times
brutalizing
dehumanizing
effect
executions
cause
murders
unilateral
decree
death
sentence
surely
magnifies
risk
perverse
consequences
recent
refusal
stay
execution
provides
illustration
jury
sentenced
defendant
prosecutor
announced
different
person
pulled
trigger
nevertheless
state
executed
condemned
man
without
giving
chance
present
information
jury
see
jacobs
scott
stevens
dissenting
denial
stay
execution
six
days
later
news
account
described
death
penalty
supporters
lack
concern
danger
executing
innocent
people
one
proponent
capital
punishment
likened
death
penalty
childhood
vaccine
approved
government
full
knowledge
least
one
child
somewhere
die
adverse
reaction
verhovek
justice
shows
darker
side
times
sec
course
majority
correct
reaffirm
importance
remedying
prejudicial
error
advisory
juries
next
occasion
review
alabama
error
sentencing
judge
revealed
degree
reliance
jury
advice
majority
apparently
content
presume
error
jury
decision
tainted
mattered
result
page