jurek
texas
argued
march
decided
july
petitioner
convicted
murder
whose
death
sentence
upheld
appeal
challenges
constitutionality
texas
procedures
enacted
decision
furman
georgia
new
texas
penal
code
limits
capital
homicides
intentional
knowing
murders
committed
five
situations
texas
also
adopted
new
procedure
requires
jury
answer
following
three
questions
proceeding
takes
place
verdict
finding
person
guilty
one
specified
murder
categories
whether
conduct
defendant
causing
death
committed
deliberately
reasonable
expectation
death
result
whether
probable
defendant
commit
criminal
acts
violence
constituting
continuing
threat
society
raised
evidence
whether
defendant
conduct
unreasonable
response
provocation
deceased
jury
finds
state
proved
beyond
reasonable
doubt
answer
three
questions
affirmative
death
sentence
imposed
finds
answer
question
negative
sentence
life
imprisonment
results
texas
criminal
appeals
case
indicated
interpret
continuing
threat
society
question
mean
jury
consider
various
mitigating
factors
held
judgment
affirmed
pp
affirmed
justice
stewart
justice
powell
justice
stevens
concluded
imposition
death
penalty
per
se
cruel
unusual
punishment
violation
eighth
fourteenth
amendments
gregg
ante
pp
texas
procedures
violate
eighth
fourteenth
amendments
texas
action
narrowing
capital
offenses
five
categories
essence
requires
jury
find
existence
statutory
aggravating
circumstance
death
penalty
may
imposed
thus
requiring
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authority
focus
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texas
statute
explicitly
speak
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thus
cases
gregg
georgia
ante
proffitt
florida
ante
texas
procedure
guides
focuses
jury
objective
consideration
particularized
circumstances
individual
offense
individual
offender
impose
sentence
death
texas
law
thus
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caprice
system
invalidated
furman
petitioner
contentions
contrary
without
substance
pp
assertion
arbitrariness
still
pervades
entire
texas
criminal
justice
system
fundamentally
misinterprets
furman
gregg
ante
petitioner
contention
second
statutory
question
unconstitutionally
vague
requires
prediction
human
behavior
lacks
merit
jury
task
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question
one
must
commonly
performed
throughout
american
criminal
justice
system
texas
law
clearly
satisfies
essential
requirement
jury
possible
relevant
information
individual
defendant
pp
chief
justice
concurred
judgment
see
furman
georgia
supra
burger
dissenting
justice
white
joined
chief
justice
justice
rehnquist
concluded
revised
texas
law
substantive
crime
murder
narrowly
defined
murder
occurs
one
five
circumstances
detailed
statute
death
penalty
must
imposed
jury
makes
certain
additional
findings
defendant
petitioner
contentions
unconstitutionally
arbitrary
discretionary
statutory
features
nevertheless
remain
without
substance
roberts
louisiana
post
white
dissenting
gregg
georgia
ante
white
concurring
judgment
assertion
eighth
amendment
forbids
death
penalty
circumstances
roberts
louisiana
post
white
dissenting
pp
justice
blackmun
concurred
judgment
see
furman
georgia
blackmun
dissenting
anthony
amsterdam
argued
cause
petitioner
brief
jack
greenberg
james
nabrit
iii
peggy
davis
john
hill
attorney
general
texas
argued
cause
respondent
brief
bert
pluymen
assistant
attorney
general
jim
vollers
solicitor
general
bork
argued
cause
amicus
curiae
brief
deputy
solicitor
general
randolph
william
james
assistant
attorney
general
argued
cause
state
california
amicus
curiae
brief
evelle
younger
attorney
general
jack
winkler
chief
assistant
attorney
general
arthur
michaelson
filed
brief
amnesty
international
amicus
curiae
judgment
opinion
justice
stewart
justice
powell
justice
stevens
announced
justice
stevens
issue
case
whether
imposition
sentence
death
crime
murder
law
texas
violates
eighth
fourteenth
amendments
constitution
petitioner
case
jerry
lane
jurek
charged
indictment
killing
wendy
adams
choking
strangling
hands
drowning
water
throwing
river
course
committing
attempting
commit
kidnapping
forcible
rape
upon
said
wendy
adams
evidence
trial
consisted
incriminating
statements
made
petitioner
testimony
several
people
saw
petitioner
deceased
day
killed
certain
technical
evidence
evidence
established
petitioner
years
old
time
drinking
beer
afternoon
two
young
friends
later
went
driving
together
old
pickup
truck
petitioner
expressed
desire
sexual
relations
young
girls
saw
one
companions
said
girls
young
petitioner
dropped
two
friends
pool
hall
next
seen
talking
wendy
years
old
public
swimming
pool
grandmother
left
swim
witnesses
testified
later
observed
man
resembling
petitioner
driving
old
pickup
truck
town
high
rate
speed
young
blond
girls
standing
screaming
bed
truck
last
witness
saw
heard
girl
crying
help
help
witness
tried
follow
lost
traffic
according
petitioner
statement
took
girl
river
choked
threw
unconscious
body
river
drowned
body
found
downriver
two
days
later
conclusion
trial
jury
returned
verdict
guilty
texas
law
requires
defendant
convicted
capital
offense
trial
must
conduct
separate
sentencing
proceeding
jury
tried
issue
guilt
relevant
evidence
may
introduced
proceeding
prosecution
defense
may
present
argument
sentence
death
jury
presented
two
sometimes
three
questions
answers
determine
whether
death
sentence
imposed
punishment
phase
petitioner
trial
several
witnesses
state
testified
petitioner
bad
reputation
community
petitioner
father
countered
testimony
petitioner
always
steadily
employed
since
left
school
contributed
family
support
jury
considered
two
statutory
questions
relevant
case
whether
evidence
established
beyond
reasonable
doubt
murder
deceased
committed
deliberately
reasonable
expectation
death
deceased
another
result
whether
evidence
established
beyond
reasonable
doubt
probability
defendant
commit
criminal
acts
violence
constitute
continuing
threat
society
jury
unanimously
answered
yes
questions
judge
therefore
accordance
statute
sentenced
petitioner
death
criminal
appeals
texas
affirmed
judgment
granted
certiorari
consider
whether
imposition
death
penalty
case
violates
eighth
fourteenth
amendments
constitution
ii
petitioner
argues
imposition
death
penalty
circumstances
cruel
unusual
punishment
violation
eighth
fourteenth
amendments
reject
argument
reasons
stated
today
gregg
georgia
ante
iii
held
texas
system
imposing
capital
punishment
unconstitutional
branch
texas
decided
furman
georgia
texas
legislature
narrowed
scope
laws
relating
capital
punishment
new
texas
penal
code
limits
capital
homicides
intentional
knowing
murders
committed
five
situations
murder
peace
officer
fireman
murder
committed
course
kidnapping
burglary
robbery
forcible
rape
arson
murder
committed
remuneration
murder
committed
escaping
attempting
escape
penal
institution
murder
committed
prison
inmate
victim
prison
employee
see
tex
penal
code
addition
texas
adopted
new
procedure
see
tex
code
crim
art
supp
procedure
requires
jury
answer
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questions
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takes
place
subsequent
return
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person
guilty
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questions
jury
must
answer
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conduct
defendant
caused
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deceased
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reasonable
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another
result
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probability
defendant
commit
criminal
acts
violence
constitute
continuing
threat
society
raised
evidence
whether
conduct
defendant
killing
deceased
unreasonable
response
provocation
deceased
art
supp
texas
criminal
appeals
thus
far
affirmed
two
judgments
imposing
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sentences
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case
smith
state
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crimes
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texas
adopted
list
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circumstances
existence
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imposition
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penalty
georgia
florida
action
narrowing
categories
murders
death
sentence
may
ever
imposed
serves
much
purpose
see
mcgautha
california
model
penal
code
comment
pp
tent
draft
fact
five
classes
murders
made
capital
texas
statute
encompassed
georgia
florida
one
statutory
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statute
requires
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stage
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whether
crime
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course
particular
felony
whether
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hire
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defendant
inmate
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institution
time
commission
cf
gregg
georgia
ante
proffitt
florida
ante
thus
essence
texas
statute
requires
jury
find
existence
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circumstance
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penalty
may
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far
consideration
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circumstances
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therefore
principal
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texas
two
death
penalty
available
sentencing
option
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potentially
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murders
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statutes
similar
requires
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authority
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nature
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certainly
fall
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sentencing
determination
today
held
woodson
north
carolina
post
required
eighth
fourteenth
amendments
system
approach
mandatory
laws
today
hold
unconstitutional
woodson
roberts
louisiana
post
jury
must
allowed
consider
basis
relevant
evidence
death
sentence
imposed
also
imposed
thus
order
meet
requirement
eighth
fourteenth
amendments
system
must
allow
sentencing
authority
consider
mitigating
circumstances
gregg
georgia
today
hold
constitutionally
valid
system
directs
jury
consider
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factors
proffitt
florida
likewise
hold
constitutional
system
directs
judge
advisory
jury
consider
certain
enumerated
mitigating
circumstances
texas
statute
explicitly
speak
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circumstances
directs
jury
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thus
constitutionality
texas
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enumerated
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texas
statutory
question
asks
jury
determine
whether
probability
defendant
commit
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acts
violence
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threat
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sentenced
death
texas
criminal
appeals
yet
define
precisely
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terms
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acts
violence
continuing
threat
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present
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indicated
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question
allow
defendant
bring
jury
attention
whatever
mitigating
circumstances
may
able
show
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likelihood
defendant
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threat
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consider
whether
defendant
significant
criminal
record
consider
range
severity
prior
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conduct
look
age
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whether
time
commission
offense
acting
duress
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also
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whether
defendant
extreme
form
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emotional
pressure
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man
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inflamed
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thus
texas
law
essentially
requires
one
five
aggravating
circumstances
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defendant
found
guilty
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murder
considering
whether
impose
death
sentence
jury
may
asked
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evidence
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bring
thus
appears
georgia
florida
texas
procedure
guides
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jury
objective
consideration
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circumstances
individual
offense
individual
offender
impose
sentence
death
georgia
florida
cases
however
petitioner
contends
substantial
legislative
changes
texas
made
response
furman
decision
cosmetic
nature
fact
eliminating
arbitrariness
caprice
system
held
furman
violate
eighth
fourteenth
amendments
petitioner
first
asserts
arbitrariness
still
pervades
entire
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justice
system
texas
prosecutor
decision
whether
charge
capital
offense
first
place
whether
engage
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jury
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lesser
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governor
ultimate
power
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death
sentences
contention
fundamentally
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furman
decision
reject
reasons
set
opinion
today
gregg
georgia
ante
focusing
second
statutory
question
texas
requires
jury
answer
considering
whether
impose
death
sentence
petitioner
argues
impossible
predict
future
behavior
question
vague
meaningless
course
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future
behavior
fact
determination
difficult
however
mean
made
indeed
prediction
future
criminal
conduct
essential
element
many
decisions
rendered
throughout
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justice
system
decision
whether
admit
defendant
bail
instance
must
often
turn
judge
prediction
defendant
future
conduct
sentencing
authority
must
predict
convicted
person
probable
future
conduct
engages
process
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punishment
impose
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prison
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made
parole
authorities
task
texas
jury
must
perform
answering
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question
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thus
basically
different
task
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countless
times
day
throughout
american
system
criminal
justice
essential
jury
possible
relevant
information
individual
defendant
whose
fate
must
determine
texas
law
clearly
assures
evidence
adduced
iv
conclude
texas
procedures
like
georgia
florida
violate
eighth
fourteenth
amendments
narrowing
definition
capital
murder
texas
essentially
said
must
least
one
statutory
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circumstance
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case
death
sentence
may
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adduced
texas
ensured
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judicial
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decision
statewide
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provided
means
promote
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rational
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imposition
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sentences
law
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assure
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wantonly
freakishly
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constitution
furman
georgia
stewart
concurring
accordingly
judgment
texas
criminal
appeals
affirmed
ordered
dissenting
opinion
justice
marshall
see
ante
footnotes
whoever
shall
voluntarily
kill
person
within
state
shall
guilty
murder
murder
shall
distinguished
every
species
homicide
absence
circumstances
reduce
offense
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homicide
excuse
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penal
code
art
person
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intends
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bodily
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life
causes
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individual
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attempts
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attempt
immediate
flight
commission
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commit
act
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life
causes
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individual
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subsection
article
punishment
murder
shall
confinement
penitentiary
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two
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imprisonment
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peace
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find
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reasonable
doubt
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defendant
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code
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originally
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draft
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appeals
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georgia
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bar
association
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standards
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release
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chief
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rehnquist
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concurring
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punishment
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decided
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georgia
texas
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death
penalty
five
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continuing
threat
society
raised
evidence
whether
conduct
defendant
killing
deceased
unreasonable
response
provocation
deceased
tex
code
crim
art
supp
opinion
justice
stewart
justice
powell
justice
stevens
describes
shall
repeat
facts
crime
proceedings
leading
imposition
death
penalty
jury
unanimously
gave
affirmative
answers
relevant
questions
posed
judge
instructions
also
agree
opinion
judgment
texas
criminal
appeals
affirmed
conviction
judgment
must
affirmed
reasons
stated
dissent
roberts
louisiana
post
conclude
eighth
amendment
forbids
death
penalty
circumstances
also
agree
petitioner
major
contention
new
texas
statute
state
criminal
justice
system
general
criminal
jury
law
enforcement
officers
exercise
range
discretion
death
penalty
imposed
seldom
arbitrarily
freakishly
new
statute
suffers
infirmities
branch
texas
found
predecessor
revised
law
substantive
crime
murder
defined
murder
occurs
one
five
circumstances
set
statute
death
penalty
must
imposed
jury
also
makes
certain
additional
findings
defendant
petitioner
claims
additional
questions
upon
death
sentence
depends
vague
essence
jury
possesses
standardless
sentencing
power
agree
justices
stewart
powell
stevens
issues
posed
sentencing
proceeding
core
meaning
criminal
juries
capable
understanding
statute
extend
juries
discretionary
power
dispense
mercy
assumed
juries
disobey
nullify
instructions
february
year
persons
including
petitioner
sentenced
death
texas
murder
statute
conclude
juncture
death
penalty
system
imposed
seldom
arbitrarily
serve
useful
penological
function
hence
fall
within
reach
decision
announced
five
members
furman
georgia
reasons
set
roberts
post
gregg
ante
convinced
conclusion
modified
alleged
discretion
exercisable
major
functionaries
state
criminal
justice
system
furthermore
justices
stewart
powell
stevens
state
texas
criminal
appeals
noted
texas
capital
punishment
statute
limits
imposition
death
penalty
narrowly
defined
group
brutal
crimes
aims
limiting
imposition
similar
offenses
occurring
similar
circumstances
concur
judgment
affirmance
justice
blackmun
concurring
judgment
concur
judgment
see
furman
georgia
blackmun
dissenting