roberts louisiana argued decided july petitioner found guilty murder sentenced death amended louisiana statutes enacted decision furman georgia louisiana affirmed rejecting petitioner contention new procedure imposing death penalty unconstitutional legislation mandates imposition death penalty whenever respect five categories homicide killing perpetration armed robbery jury finds defendant specific intent kill inflict great bodily harm verdict guilty murder returned death mandated regardless mercy recommendation every jury instructed crimes murder manslaughter permitted consider verdicts even evidence supports lesser verdict lesser verdict returned treated acquittal greater charges held judgment reversed insofar upheld death sentence case remanded pp reversed remanded justice stewart justice powell justice stevens concluded imposition death penalty per se cruel unusual punishment violative eighth fourteenth amendments gregg georgia ante louisiana mandatory death penalty statute violates eighth fourteenth amendments pp though louisiana adopted different somewhat narrower definition murder north carolina difference constitutional significance louisiana statute imposing mandatory death sentence invalid substantially reasons detailed woodson north carolina ante pp though respondent state claims adopted satisfactory procedures comply furman requirement standardless jury discretion replaced procedures safeguard arbitrary capricious imposition death sentences objective realized since procedure lacks standards guide jury selecting among murderers plainly invites jurors disregard oaths choose verdict lesser offense whenever feel death penalty inappropriate see woodson ante pp justice brennan concurred judgment reasons stated dissenting opinion gregg georgia ante justice marshall view death cruel unusual punishment forbidden eighth fourteenth amendments concurred judgment gregg georgia ante marshall dissenting anthony amsterdam argued cause petitioner brief jack greenberg james nabrit iii peggy davis james williams richard ieyoub james babin argued cause respondent brief william guste attorney general louisiana walter smith hymel assistant attorneys general frank salter jr 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 question case whether imposition sentence death crime murder law louisiana violates eighth fourteenth amendments august early hours morning richard lowe found dead office lake charles gas station worked shot four times head four men petitioner huey cormier everett walls calvin arceneaux arrested complicity murder petitioner subsequently indicated grand jury presentment id unlawfully specific intent kill inflict great bodily harm engaged armed robbery richard lowe commit first degree murder killing one richard lowe violation section one petitioner trial cormier walls arceneaux testified prosecution testimony established midnight august petitioner discussed walls cormier subject ripping old man station early morning august arceneaux petitioner went gas station pretext seeking employment lowe told jobs available surreptitiously made way office station arceneaux removed pistol desk drawer petitioner insisted taking possession pistol lowe returned office petitioner arceneaux assaulted small back room shortly thereafter car drove arceneaux went posing station attendant sold motorist three dollar worth gasoline still front arceneaux heard four shots inside station went back inside found petitioner gone lowe lying bleeding floor arceneaux grabbed empty money bags ran jury found petitioner guilty charged required state law trial judge sentenced death louisiana affirmed judgment granted certiorari consider whether imposition death penalty case violates eighth fourteenth amendments constitution ii louisiana legislature amended state statute relating murder death penalty apparent response decision furman georgia amendments louisiana law defined crime murder killing human offender specific intent kill inflict great bodily harm offender engaged perpetration attempted perpetration certain serious felonies even without intent kill jury free return four verdicts guilty guilty without capital punishment guilty manslaughter guilty amendments legislature changed discretionary statute wholly mandatory one requiring death penalty imposed whenever jury finds defendant guilty newly defined crime murder revised statute petitioner charged convicted sentenced provides part murder killing human offender specific intent kill inflict great bodily harm engaged perpetration attempted perpetration aggravated kidnaping aggravated rape armed robbery murder case four responsive verdicts guilty guilty murder guilty manslaughter guilty la code crim proc art supp jury must instructed verdicts whether raised evidence requested defendant former statute jury unfettered choice case found defendant guilty murder returning either verdict guilty required imposition death penalty verdict guilty without capital punishment case punishment imprisonment hard labor life new statute jury required determine whether conditions existed time killing specific intent kill inflict great bodily harm offender engaged armed robbery offense murder mandatory punishment death one conditions existed offense murder mandatory punishment imprisonment hard labor life qualification recommendation jury might add verdict recommendation mercy verdict guilty murder without effect iii petitioner argues imposition death penalty circumstances cruel unusual punishment violation eighth fourteenth amendments reject arguments reasons stated today gregg georgia ante iv louisiana like north carolina responded furman replacing discretionary jury sentencing capital cases mandatory death sentences present louisiana law persons found guilty murder aggravated rape aggravated kidnaping treason automatically sentenced death see la rev stat ann two major differences louisiana north carolina statutes governing murder cases first crime murder north carolina includes willfully deliberate premeditated homicide felony murder louisiana limits murder five categories homicide killing connection commission certain felonies killing fireman peace officer performance duties killing remuneration killing intent inflict harm one person killing person prior murder conviction current life sentence second louisiana employs unique system responsive verdicts jury every murder case must instructed crimes murder case murder manslaughter must provided verdict guilty guilty murder guilty manslaughter guilty see la code crim proc arts supp state cooley la contrast north carolina instructions lesser included offenses must basis evidence adduced trial see state spivey cf state vestal louisiana adopted different somewhat narrower definition murder north carolina controlling constitutional significance history mandatory death penalty statutes indicates firm society view limiting scope capital murder inadequate response harshness inflexibility mandatory death sentence statute see woodson north carolina ante large group jurisdiction first responded unacceptable severity rule automatic death sentences murder convictions narrowing definition capital homicide jurisdictions found approach insufficient subsequently substituted discretionary sentencing mandatory death sentences see woodson north carolina ante futility attempting solve problems mandatory death penalty statutes narrowing scope capital offense stems society rejection belief every offense alike legal category calls identical punishment without regard past life habits particular offender williams new york see also pennsylvania ex rel sullivan ashe dissenting justice furman noted century movements away mandatory death sentence rooted recognition individuals culpability always measured category crime committed burger joined blackmun powell rehnquist dissenting constitutional vice mandatory death sentence statute lack focus circumstances particular offense character propensities offender resolved louisiana limitation murder various categories killings diversity circumstances presented cases falling within single category killings commission specified felony well variety possible offenders involved crimes underscores rigidity louisiana enactment similarity north carolina statute even narrowly drawn categories murderer louisiana law afford meaningful opportunity consideration mitigating factors presented circumstances particular crime attributes individuals offender louisiana mandatory death sentence statute also fails comply furman requirements standardless jury discretion replaced procedures safeguard arbitrary capricious imposition death sentences state claims adopted satisfactory procedures taking sentencing authority juries capital murder cases accomplished according state deleting jury authority return verdict guilty without capital punishment murder case see la rev stat ann la code crim proc arts supp current louisiana system however every jury murder case instructed crimes murder manslaughter permitted consider verdicts even scintilla evidence support lesser verdicts see la code crim proc arts supp lesser verdict returned treated acquittal greater charges see la code crim proc art supp responsive verdict procedure lacks standards guide jury selecting among murders plainly invites jurors disregard oaths choose verdict lesser offense whenever feel death penalty inappropriate element capriciousness making jurors power avoid death penalty dependent willingness accept invitation disregard trial judge instructions louisiana procedure neither provides standards channel jury judgments permits review check arbitrary exercise capital jury de facto sentencing discretion see woodson north carolina ante louisiana statute thus suffers constitutional deficiencies similar identified north carolina statute woodson north carolina ante north carolina standards provided guide jury exercise power select murderers receive death sentences meaningful appellate review jury decision north carolina death sentences mandatory upon conviction murder louisiana mandatory death sentence law employs procedure rejected state legislature years ago subsequently renounced legislatures juries every jurisdiction nation see woodson north carolina ante eighth amendment draws much meaning evolving standards decency mark progress maturing society trop dulles plurality opinion simply tolerate reintroduction practice thoroughly discredited accordingly find death sentence imposed upon petitioner louisiana mandatory death sentence statute violates eighth fourteenth amendments must set aside judgment louisiana reversed insofar upheld death sentence imposed upon petitioner case remanded proceedings inconsistent opinion ordered footnotes la code crim proc la rev stat ann first degree murder first degree murder killing human offender specific intent kill inflict great bodily harm engaged perpetration attempted perpetration aggravated kidnapping aggravated rape armed robbery offender specific intent kill inflict great bodily harm upon fireman peace officer engaged performance lawful duties offender specific intent kill inflict great bodily harm previously convicted unrelated murder serving life sentence offender specific intent kill inflict great bodily harm upon one person offender specific intent commit murder offered received anything value committing murder purposes paragraph herein term peace officer shall defined include constable sheriff deputy sheriff local state policeman game warden federal law enforcement officer jail prison guard parole officer probation officer judge district attorney assistant district attorney district attorneys investigator whoever commits crime first degree murder shall punished death louisiana rev stat ann provides second degree murder second degree murder killing human offender specific intent kill inflict great bodily harm offender engaged perpetration attempted perpetration aggravated arson aggravated burglary aggravated kidnapping aggravated escape armed robbery simple robbery even though intent kill whoever commits crime second degree murder shall imprisoned hard labor life shall eligible parole probation suspension sentence period twenty years see state cooley la louisiana code crim proc art enumerated guilty without capital punishment one responsive verdicts available murder case article provided jury capital case qualify verdict guilty phrase without capital punishment la code crim proc art supp see la rev stat ann set forth supra least jurisdictions first limited scope capital homicide laws dividing murder degrees later made death sentences discretionary even murder cases third category louisiana murder statute covering international killing person serving life sentence person previously convicted unrelated murder defines capital crime least significant part terms character record individual offender although even narrow category permit jury consider possible mitigating factors prisoner serving life sentence presents unique problem may justify law see gregg georgia ante woodson north carolina ante louisiana juries instructed return guilty verdict offense charged warranted evidence consider lesser verdicts evidence justify conviction greater offense see state hill la cf state selman la likely many juries follow instructions consider question guilt reaching verdict reasonable assume light past experience mandatory death sentence statutes significant number juries take account fact death sentence automatic consequence murder conviction louisiana see woodson north carolina ante juries consider sentencing consequences given guidance deciding ultimate sanction death appropriate punishment often given little evidence concerning personal characteristics previous record individual defendant moreover judicial review safeguard capricious sentencing determinations indeed judicial review sufficiency evidence support conviction see state brumfield la state evans la state douglas la see la laws justice brennan concurring judgment reasons stated dissenting opinion gregg georgia ante concur judgment sets aside death sentence imposed louisiana death sentence statute violative eighth fourteenth amendments justice marshall concurring judgment reasons stated dissenting opinion gregg georgia ante view death penalty cruel unusual punishment forbidden eighth fourteenth amendments therefore concur judgment chief justice burger dissenting dissent reasons set forth dissent furman georgia justice white chief justice justice blackmun justice rehnquist join dissenting louisiana statute effect prior three grades criminal homicide murder manslaughter negligent homicide la rev stat ann murder punishable death la rev stat ann jury finding defendant guilty murder empowered foreclose death penalty returning verdict guilty without capital punishment la rev stat ann following furman georgia louisiana held effectively invalidated louisiana death penalty statutes amended provide four grades criminal homicide murder murder manslaughter negligent homicide la rev stat ann murder defined killing human prescribed situations including offender specific intent kill inflict great bodily harm takes another life perpetrating attempting perpetrate aggravated kidnaping aggravated rape armed robbery la rev stat ann new statute provides whoever commits crime first degree murder shall punished death juries longer authorized return guilty verdicts without capital punishment case possible jury verdicts murder cases also specified statute amended responsive verdicts juries instructed every murder case guilty guilty second degree murder guilty manslaughter guilty la code crim art supp issue case whether imposition death penalty statutory scheme upon defendant found guilty murder consistent eighth amendment forbids infliction cruel unusual punishments virtue fourteenth amendment binding upon robinson california convinced dissent judgment august richard lowe lake charles found dead texaco service station worked attendant shot four times head pistol found scene turned kept station manager drawer near cash register gun later recovered owner bar traced petitioner charged murder indictment alleging specific intent kill inflict great bodily harm engaged armed robbery killed richard lowe trial calvin arceneaux testifying prosecution stated participated robbery taken gun drawer given petitioner said wanted always wanted kill white dude attendant overpowered remained inside station petitioner arceneaux posing station attendant went outside tend customer according arceneaux lowe shot interval another witness everett walls testified declined participate robbery chance seen petitioner station gun hand according third witness huey cormier also refused petitioner invitation participate petitioner come cormier house early august said shot old man filling station record case went jury instruction advising jury state burden proof charge indictment petitioner killed another person specific intent kill inflict great bodily harm done accused engaged perpetration armed robbery elements state required prove beyond reasonable doubt explained including elements murder armed robbery accordance statute also explained possible verdicts murder law provides trial murder first degree jury convinced beyond reasonable doubt accused guilty crime murder first degree convinced beyond reasonable doubt guilty murder second degree render verdict guilty murder second degree elements murder also manslaughter explained whereupon instructed conclude defendant guilty murder first degree convinced beyond reasonable doubt guilty murder second degree duty find defendant guilty murder second degree conclude defendant guilty murder first degree murder second degree convinced beyond reasonable doubt guilty manslaughter duty find defendant guilty manslaughter conclude defendant guilty murder first degree murder second degree manslaughter duty find defendant guilty summarize may return one following verdicts guilty charged guilty second degree murder guilty manslaughter guilty accordingly set forth proper form verdict may rendered reminding one verdict shall rendered convinced beyond reasonable doubt defendant guilty offense charged form verdict jury find defendant guilty charged convinced beyond reasonable doubt defendant guilty murder first degree convinced beyond reasonable doubt defendant guilty murder second degree form verdict jury find defendant guilty second degree murder convinced beyond reasonable doubt defendant guilty murder first degree murder second degree convinced beyond reasonable doubt defendant guilty manslaughter form verdict jury find defendant guilty manslaughter convinced defendant guilty murder first degree murder second degree manslaughter form verdict jury find defendant guilty ii petitioner mounts doubt attack death penalty imposed upon first statute sentence imposed little different provision issue furman georgia escape strictures decisions case second death cruel unusual punishment crime committed defendant conditions argument presented furman rejected four six justices addressed issue disagree submission conclude current louisiana murder statute insufficient different statute invalidated furman wake avoid invalidation case already said prior louisiana law one permissible verdicts jury capital punishment case authorized statute instructions return guilty without capital punishment dispensing death penalty expressly placed within uncontrolled discretion jury case involved breach instructions controlling statute guilty verdict carrying capital punishment required unanimous verdict juror consistent instruction whatever evidence might free vote verdict guilty without capital punishment thereby persevered least foreclosing capital punishment verdict trial similar arrangements forced louisiana georgia authorized capital punishment death penalty came imposed less less frequently much furman georgia concluded practice criminal juries exercising lawful discretion imposing seldom freakishly arbitrarily longer serving legitimate ends criminal justice come cruel unusual punishment violate eighth amendment response judgment louisiana sought death penalty constitutional valid punishment redefining crime murder making death mandatory punishment found guilty crime implement aim present louisiana law eliminated guilty without capital punishment verdict jurors murder cases longer instructed discretion withhold capital punishment instructions find defendant guilty believe beyond reasonable doubt committed crime charged verdict guilty carries mandatory death sentence present case jury instructed specific elements consisting crime felony murder indictment charged also directed believed beyond reasonable doubt roberts committed acts return verdict guilty charged indictment jury believed defendant committed crime nevertheless dispense death penalty difference jury lawful discretion spare life defendant apparent fundamental undeniable unfettered discretion jury save defendant death major contributing factor developments led us invalidate death penalty furman georgia factor louisiana sought eliminate making death penalty compulsory upon verdict guilty murder cases see position rule state present law eliminated overt discretionary power juries suffers constitutional infirmities led invalidate georgia death penalty statute furman georgia even petitioner submits every capital case required instruct jury respect lesser included offenses jury therefore unlimited discretion foreclose death penalty finding defendant guilty lesser included offenses capital punishment authorized difficulty argument illustrated instructions case jury instructed discretion convict lesser included offense jury plain instructions instead return verdict guilty murder charged believed evidence robert committed specific acts constitution offense charged defined believe roberts committed acts charged indictment jurors free consider whether guilty lesser included offense murder find beyond reasonable doubt roberts guilty murder free consider offense manslaughter louisiana said state hill repeated case use lesser verdicts contingent upon jury finding insufficient evidence convict defendant first degree murder charged see also state selman la cert pending true jury case like juries capital cases louisiana elsewhere may violate instructions convict lesser included offense despite evidence constitutional purpose quite unwilling equate raw power nullification unlimited discretion extended jurors prior louisiana statutes mcgautha california rejected argument vesting standardless sentencing discretion jury unconstitutional due process clause arriving judgment noted practice jury sentencing emerged rebellion rule imposing mandatory death sentence convicted murderers unsatisfactory experience attempting define various grades homicide specify death penalty required vesting complete sentencing power jury upshot difficulties adverted mcgautha however including jury nullification inadequate require invalidation louisiana rule ground jurors often systematically refuse follow instructions administration death penalty current law substantially different obtained prior statutes convinced louisiana death penalty murder substantially vulnerable prosecutor vested discretion selection filing charges practice plea bargaining power executive clemency petitioner argues characteristics criminal justice system louisiana combined discretion arguably left jury discussed insure death penalty seldom arbitrarily applied predecessor statutes louisiana statutes however define elements murder accept assertion state prosecutors systematically fail file murder charges evidence warrants seek convictions murder less adequate evidence course someone must exercise discretion judgment charges filed essential process nothing rational enforcement state criminal law sensible operation criminal justice system discretion louisiana prosecutors invested appears normal furnishes basis inferring capital crimes prosecuted arbitrarily infrequently present death penalty statute invalid furman georgia much reaction plea bargaining executive clemency prosecutor may seek accept pleas lesser offenses confident murder case merely proper exercise prosecutor discretion already discussed illustrated case north carolina case woodson north carolina ante defendants otherwise tried murder convicted sentenced death permitted plead lesser offenses willing testify codefendants grisly trade irrational aimed insuring successful conclusion murder case one defendants whatever else practice may neither inexplicable freakish violative eighth amendment condemned provisions constitution santobello new york north carolina alford parker north carolina brady see also chaffin stynchcombe executive clemency assume power exercised governors vested president art ii constitution used standardless arbitrary manner reasonable expect power exercised executive branch whenever concluded criminal justice system unjustly convicted defendant murder sentenced death country experience commutation power suggest senseless lottery operates arbitrary discriminatory manner lead reducing death penalty merely theoretical threat imposed luckless conclude justice stewart justice powell justice stevens hereinafter plurality present louisiana law capital punishment occur seldom discriminatorily freakishly fail satisfy eighth amendment construed applied furman georgia iii also agree petitioner basic argument death penalty however imposed whatever crime cruel unusual punishment opposing positions issue well history death penalty fully canvassed various justices separate opinions furman georgia able lucid presentations need repeated plain enough constitution drafted framers expressly made room death penalty fifth amendment provides person shall held answer capital otherwise infamous crime unless presentment indictment grand jury person shall twice put jeopardy life limb deprived life without due process law fourteenth amendment adopted century later likewise enjoined depriving person life without due process law since first congress federal law defined crimes death penalty authorized capital punishment also part criminal justice system great majority ever since union first organized furman georgia opinions squarely uphold death penalty consistently assumed constitutionality wilkerson utah kemmler louisiana ex rel francis resweber mcgautha california witherspoon illinois trop dulles four members chief justice warren justice black douglas whittaker agreed hatever arguments may capital punishment moral grounds terms accomplishing purposes punishment forceful death penalty employed throughout history day still widely accepted said violate constitutional concept cruelty furman georgia consistent view every justice published opinion addressed question validity capital punishment eighth amendment furman concluded least two justices death penalty become unacceptable great majority people county reason alone combined reasons invalid eighth amendment must construed applied reflect evolving moral standards country trop dulles supra weems argument whether accurate time measured manner death penalty administered statutory schemes longer descriptive country attitude since judgment furman congress state legislatures death penalty one crimes authorize death penalty murder one kind another profound developments mind say capital punishment rejected offensive prevailing attitudes moral presuppositions always excessively cruel severe punishment always disproportionate punishment crime might imposed grounds invalidating death penalty foreclosed recent events must accept demonstrating capital punishment acceptable contemporary community punishment least intentional killings apparent also congress state legislatures view capital punishment better serves ends criminal justice life imprisonment therefore excessive sense serves legitimate legislative social ends petitioner roberts contrary submits life imprisonment obviously better serve end reformation rehabilitation satisfactory evidence punishing death serves effectively life imprisonment major ends imposing serious criminal sanctions incapacitation prisoner deterrence others moral retribution death penalty therefore cruel unusual argued purposeless taking life needless imposition suffering widespread death penalty seems answers claims life imprisonment adequate punishment satisfy need reprobation retribution also seems clear enough death finally forecloses possibility prisoner commit crimes whereas life imprisonment leaves question general deterrence principal battle ground death penalty effectively deter others crime threat life imprisonment debate subject started generations ago still progress side plethora fact opinion support position quite old new neither yet silenced need detail conflicting materials familiar sources quite apparent relative efficacy capital punishment life imprisonment deter others crime remains matter reasonable men reasonable legislators may easily differ posture case neither proper wise exercise power judicial review refuse accept reasonable conclusions congress state legislatures indeed certain circumstances death penalty efficacious deterrent crime denigrate legislative judgments form vestigial savagery purely retributive motivation solemn judgments reasonably based imposition death penalty save lives innocent persons concern life human values sincere efforts pursue matters greatest moment judiciary reluctant interfere issue whether legislators supported opposed capital punishment statutes presently us question discussion whether eighth amendment requires us interfere enforcement statutes grounds sentence life imprisonment crimes issue well served ends criminal justice view eighth amendment provides warrant overturning convictions grounds iv plurality offers two additional reasons invalidating louisiana statute neither raised parties disagree plurality holds louisiana statute unconstitutional want separate sentencing proceeding sentencing authority may focus sentence consider aggravating mitigating circumstances mcgautha california heard issues argued twice maxwell bishop specifically rejected claims defendant constitutional rights infringed permitting jury impose death penalty without governing standards jury imposition death sentence proceeding verdict determined issue guilty constitutionally permissible respect necessity bifurcated criminal trial reached essentially result spencer texas spite cases plurality holds state must provide procedure sentences may separately consider character record individual defendant along circumstances particular offense including mitigating circumstances may exist see reason reconsider mcgautha invalidate louisiana statute failure provide mcgautha held need provide still share concluding remarks mcgautha california may well american law institute national commission reform federal criminal laws concluded bifurcated trials criteria jury sentencing discretion superior means dealing capital cases death penalty retained federal constitution marks limits authority cases guarantee trial procedures best worlds accord enlightened ideas students infant science criminology even measure individual predilections members see spencer texas constitution requires trials fairly conducted guaranteed rights defendants scrupulously respected constitutional standpoint conclude impermissible state consider compassionate purposes jury sentencing capital cases better served issues guilt punishment determined single trial focusing jury attention solely punishment issue guilt determined certainly facts gruesome murders bespeak miscarriage justice ability juries unassisted standards distinguish defendants death penalty appropriate punishment imprisonment sufficient indeed illustrated discriminating verdict jury mcgautha case finding wilkinson less culpable two defendants sparing life procedures petitioners challenge capital trials country conducted conducted years ago determined procedures consistent rights petitioners constitutionally entitled trials entirely fair reached conclusions performed task measuring process federal constitutional standards remaining reason offered invalidating louisiana statute also infirm said eighth amendment forbids legislature require imposition death penalty elements specified crime proved satisfaction jury historically concept mandatory death sentence rejected community departs far contemporary standards respect imposition capital punishment must held unconstitutional although plurality seemingly makes unlimited pronouncement actually stops short invalidating statute making death required punishment crime whatsoever apparently crimes plurality infinite wisdom permit require death sentence imposed without additional procedures opinion seems mandate always mandatory death penalties least crimes legislatures least two embraced approach order serve deem penological goals furthermore justices stewart powell stevens uphold capital punishment statute texas capital punishment required defendant found guilty crime charged jury answers two additional questions affirmative occurs discretion left jury death mandatory although louisiana juries required answer precise questions texas law constitutionally distinguishable louisiana system jury convict must find elements crime including essential element intent kill inflict great bodily harm according instructions given case must felonious must wrong without cause excuse plurality interprets eighth amendment louisiana north carolina statutes infirm jury deprived discretion finds defendant guilty yet next breath invalidates statutes said invite allow much discretion despite instructions feel defendants deserve die juries often systematically disobey instructions find defendant guilty guilty noncapital offense statute fails satisfy standards furman georgia truly case louisiana juries exercise much discretion agree seems strange indeed statute also invalidated purports give jury little discretion making death penalty mandatory furthermore danger freakish infrequent imposition capital punishment mandatory system louisiana little ground believing juries faithful instructions georgia florida systems opportunity much much greater juries practice brand unbridled discretion event plurality overheads history upon heavily relies narrowing categories crime death penalty authorized reflected growing sentiment death excessive penalty many crimes convinced apparently plurality decision vest discretionary sentencing power jury judgment mandatory punishments excessively cruel rather merely legislative response avoid jury nullifications occurring frequency legislatures chose jury sentencing least troublesome two approaches hardly proves legislative rejection mandatory sentencing state legislatures may preferred vest discretionary sentencing power jury rather guilty defendants go doubt events necessarily reflect affirmative legislative preference discretionary systems support inference legislatures chosen even absent experience jury nullification fact juries times refused convict despite evidence prove mandatory nature sentence burr jury saddle rather one persons juries opposed principle death penalty whatever system might authorized imposed surely every nullifying jury interrogated time proved everyone satisfaction large part nullifying verdicts occurred certain members juries opposed death penalty form rather juries involved reluctant impose death penalty particular defendants concluded either juries country condemned mandatory punishments distinguished death penalty plurality nevertheless draws inference even though reason infer jury nullification occurred opposition death penalty particular cases one juror critical juries opposed death penalty form stubbornly refused participate guilty verdict course plurality conclude death penalty placed beyond legislative resuscitation either jury nullification mandatory statutes erosion death penalty systems led judgment furman georgia see basis arriving contrary conclusion respect mandatory statutes louisiana north carolina returned mandatory capital punishment system certain crimes legislatures deemed mandatory punishment crime proved unacceptable juries rejected death penalty imposed regularity perhaps prefer adopted different system issue individual preferences constitutionality mandatory systems chosen two see warrant eighth amendment refusing uphold statutes indeed fundamental objection plurality muddled reasoning gregg georgia ante lectures us length role place judiciary proceeds ignore advice net effect suggest observers instruction pay attention say plurality claims forgotten past taught limits judicial review fear surrendered temptation make policy attempt govern country misuse powers given constitution conclude louisiana statutes imposing death penalty murder unconstitutional eighth amendment impressed argument result reduced amendment little mild advice framers state legislators weems trop furman bear witness contrary foregoing reasons dissenting state sinclair la state poland la state singleton la state williams la state square la state douglas la state mcallister la state strong la state marks la section la rev stat ann supp became effective july provided first degree murder killing human offender specific intent kill inflict great bodily harm engaged perpetration attempted perpetration aggravated kidnapping aggravated rape armed robbery offender specific intent kill inflict great bodily harm upon fireman peace officer engaged performance lawful duties offender specific intent kill inflict great bodily harm previously convicted unrelated murder serving life sentence offender specific intent kill inflict great bodily harm upon one person offender specific intent commit murder offered received anything value committing murder purposes paragraph herein term peace officer shall defined include constable sheriff deputy sheriff local state policeman game warden federal law enforcement officer jail prison guard parole officer probation officer judge district attorney assistant district attorney district attorneys investigator whoever commits crime first degree murder shall punished death amended acts petitioner concedes louisiana legislation supra narrowed range cases punishment death might inflicted brief petitioner emphasis original prior legislation murder punishable death penalty section la rev stat ann applicable prior furman provided murder killing human offender specific intent kill inflict great bodily harm offender engaged perpetration attempted perpetration aggravated arson aggravated burglary aggravated kidnapping aggravated rape armed robbery simple robbery even though intent kill whoever commits crime murder shall punishing death certain facts must proved state satisfaction beyond reasonable doubt return verdict guilty case first state must prove crime committed committed within parish calcasieu second state must prove alleged crime committed stanislaus roberts person named indictment trial case third state must prove richard lowe person named indictment killed fact killed fourth state must prove killing occurred defendant engaged armed robbery fifth state must prove killing occurred date alleged indictment although charge necessary state prove exact date alleged indictment sixth state must prove offense committed murder first degree murder defined follows first degree murder killing human offender specific intent kill inflict great bodily harm engaged perpetration attempted perpetration aggravated kidnapping aggravated rape armed robbery indictment case charged stanislaus roberts statute state indictment must prove killing unlawful done specific intent kill inflict great bodily harm done accused engaged perpetration armed robbery armed robbery defined follows armed robbery theft anything value person another immediate control another use force intimidation armed dangerous weapon theft includes taking anything value belongs another without consent intent deprive permanently whatever may subject taking essential dangerous weapon defined law louisiana gas liquid substances instrumentality manner used calculated likely produce death great bodily harm test dangerous weapon whether weapon inherently dangerous whether dangerous manner used whether dangerous weapon used case question determined jury considering whether weapon used nature weapon used manner may used law definition referred essential element crime armed robbery specific criminal intent state mind exists circumstances indicate offender actively desired prescribed criminal consequences follow act failure act requisite intent may established direct positive evidence may inferred acts conduct defendant facts circumstances surrounding alleged commission offense may consider acts conduct defendant prior time alleged offenses well facts might ascertain whether accused intended commit offense charged constitute crime first degree murder offender must specific intent kill inflict great bodily harm specific intent must actually exist mind offender time killing human killed offender charged statute time killing offender specific intent kill inflict great bodily harm killing murder first degree although might murder second degree manslaughter justifiable homicide accident specific intent kill inflict great bodily harm must exist time killing must also felonious must wrong without cause excuse charge necessary specific intent existed mind offender particular length time killing order constitute crime murder accompanies act specific intent kill inflict great bodily harm actually exists mind offender movement killing even thought specific intent formed moment prior act causes death completely sufficient make act murder intent formed previous day hour earlier time justice marshall wrote death penalty invalid several independent reasons one morally unacceptable people time history capital punishment almost totally rejected contemporary society one four factors together led justice brennan invalidate statute us furman georgia statutes summarized appendix petitioner brief fowler north carolina cert granted appendix petitioner brief jurek texas ante decided day various types statutes enacted described analyzed note discretion constitutionality new death penalty statutes harv rev following invalidation death penalty california california state constitutional grounds people anderson cal cert denied state constitution amended initiative referendum reinstate penalty approximately voting approving measure cal art effective approximately voters massachusetts general election voted yes referendum asking shall commonwealth massachusetts retain death penalty crime see commonwealth mass reardon dissenting state referenda approving capital punishment see furman georgia powell dissenting oregon colorado illinois also public opinion polls capital punishment see pp validity reliability strongly criticized see vidmar ellsworth public opinion death penalty stan rev indeed neither parties amici rely polls relevant issue us brief amicus curiae shown justice powell opinion furman georgia state death penalty statutes withstood constitutional challenge highest courts legislation widely challenged sustained contrary eighth fourteenth amendments five us oklahoma davis state final resolutions cases many apparently awaiting decision cases decided today see commonwealth supra people ex rel rice cunningham invalidating death penalty grounds debate general deterrent effect death penalty relevant materials canvassed exhaustively justice marshall separate concurring opinion furman supra debate intensified since see part iii brief petitioner fowler north carolina supra esp pp app pp incorporated reference petitioner brief case see also brief amicus curiae related cases focal point recent stage debate isaac ehrlich study issue ehrlich deterrent effect capital punishment question life death econ rev june reactions comments ehrlich study see statistical evidence deterrent effect capital punishment yale see also passell deterrent effect death penalty statistical test stan rev analysis reasons inconclusive nature statistical studies issue see report royal commission capital punishment cmd gibbs crime punishment deterrence soc sci hart murder principles punishment england nw rev see also posner economic approach law tex rev study deterrent effect punishment generally see zimring hawkins deterrence especially general discussion capital punishment deterrent unclear legislatures found shortcomings mandatory statutes decided try vesting absolute discretion juries legislatures constitutionally forbidden return mandatory statutes shortcomings discovered discretionary statutes see furman georgia florida effect present time statute death penalty mandatory whenever sentencing judge finds statutory aggravating factors outweigh mitigating factors georgia effect statute gives sentence discretion every case decline impose death penalty florida like choose adopt georgia statutory scheme eighth amendment prevent later changing minds returning present scheme think effect prior furman georgia statutes even least culpable murderer put death simply find decision adopt statutes constitutional rule preventing removing standardless nature sentencing statutes replacing statutes substantial portion murderers put death particularly true louisiana plurality possibly infer description history capital punishment country legislatures rejected proposition murderers put death mandatory statutes historically repealed replaced made death mandatory punishment murders louisiana passed statute makes death mandatory penalty five narrow categories murder murders means history relied upon plurality utterly silent society reaction statute invalidated basis contemporary standards know inconsistent standards justice blackmun dissenting dissent reasons set forth dissent furman georgia dissenting opinions joined case