lockett
ohio
argued
january
decided
july
ohio
death
penalty
statute
provides
defendant
found
guilty
aggravated
murder
least
one
seven
specified
aggravating
circumstances
death
penalty
must
imposed
unless
considering
nature
circumstances
offense
history
character
condition
offender
sentencing
judge
determines
least
one
following
circumstances
established
preponderance
evidence
victim
induced
facilitated
offense
unlikely
offense
committed
fact
offender
duress
coercion
strong
provocation
offense
primarily
product
offender
psychosis
mental
deficiency
petitioner
whose
conviction
aggravated
murder
specifications
committed
escape
apprehension
committing
attempting
commit
aggravated
robbery
whose
sentence
death
affirmed
ohio
makes
various
challenges
validity
conviction
attacks
constitutionality
death
penalty
statute
ground
inter
alia
give
sentencing
judge
full
opportunity
consider
mitigating
circumstances
capital
cases
required
eighth
fourteenth
amendments
held
judgment
reversed
insofar
upheld
death
penalty
case
remanded
pp
ohio
reversed
part
remanded
chief
justice
delivered
opinion
respect
parts
ii
concluding
prosecutor
closing
references
state
evidence
unrefuted
uncontradicted
evidence
introduced
rebut
prosecutor
case
petitioner
decided
testify
violate
constitutional
prohibitions
commenting
accused
failure
testify
petitioner
counsel
already
focused
jury
attention
silence
promising
defense
telling
jury
testify
pp
exclusion
venire
four
prospective
jurors
made
unmistakably
clear
opposition
death
penalty
trusted
abide
existing
law
follow
conscientiously
trial
judge
instructions
boulden
holman
violate
petitioner
sixth
fourteenth
amendment
rights
principles
witherspoon
illinois
taylor
louisiana
pp
petitioner
contention
ohio
interpretation
complicity
provision
statute
convicted
unexpected
deprived
fair
warning
crime
charged
without
merit
construction
consistent
prior
ohio
law
statute
legislative
history
chief
justice
joined
justice
stewart
justice
powell
justice
stevens
concluded
part
iii
limited
range
mitigating
circumstances
may
considered
sentencer
ohio
death
penalty
statute
incompatible
eighth
fourteenth
amendments
pp
eighth
fourteenth
amendments
require
sentencer
rarest
kind
capital
case
precluded
considering
mitigating
factor
aspect
defendant
character
record
circumstances
offense
defendant
proffers
basis
sentence
less
death
pp
need
treating
defendant
capital
case
degree
respect
due
uniqueness
individual
far
important
noncapital
cases
particularly
view
unavailability
respect
executed
capital
sentence
postconviction
mechanisms
noncapital
cases
probation
parole
work
furloughs
statute
prevents
sentencer
capital
cases
giving
independent
mitigating
weight
aspects
defendant
character
record
circumstances
offense
proffered
mitigation
creates
risk
death
penalty
imposed
spite
factors
may
call
less
severe
penalty
choice
life
death
risk
unacceptable
incompatible
commands
eighth
fourteenth
amendments
ohio
death
penalty
statute
permit
type
individualized
consideration
mitigating
factors
required
eighth
fourteenth
amendments
three
factors
specified
statute
considered
mitigation
defendant
sentence
determined
none
factors
present
statute
mandates
death
sentence
pp
justice
white
concluded
petitioner
death
sentence
vacated
ground
ohio
death
penalty
statute
permits
defendant
convicted
aggravated
murder
specifications
sentenced
death
petitioner
case
without
finding
intended
death
result
pp
justice
marshall
view
death
penalty
circumstances
cruel
unusual
punishment
prohibited
eighth
amendment
concurred
judgment
insofar
vacates
petitioner
death
sentence
also
concurred
judgment
insofar
affirms
conviction
pp
justice
blackmun
concluded
petitioner
death
sentence
vacated
grounds
ohio
death
penalty
statute
deficient
regard
petitioner
nontriggerman
charged
aiding
abetting
murder
failing
allow
consideration
extent
petitioner
involvement
degree
mens
rea
commission
homicide
procedure
provided
ohio
rule
criminal
procedure
giving
sentencing
full
discretion
bar
death
sentence
interests
justice
defendant
pleads
guilty
contest
discretion
defendant
goes
trial
creates
unconstitutional
disparity
sentencing
alternatives
jackson
pp
anthony
amsterdam
argued
cause
petitioner
brief
max
kravitz
jack
greenberg
james
nabrit
iii
joel
berger
david
kendall
peggy
davis
carl
layman
iii
argued
cause
respondent
brief
stephan
gabalac
james
rudgers
chief
justice
burger
delivered
opinion
respect
constitutionality
petitioner
conviction
parts
ii
together
opinion
part
iii
justice
stewart
justice
powell
justice
stevens
joined
constitutionality
statute
petitioner
sentenced
death
announced
judgment
granted
certiorari
case
consider
among
questions
whether
ohio
violated
eighth
fourteenth
amendments
sentencing
sandra
lockett
death
pursuant
statute
narrowly
limits
sentencer
discretion
consider
circumstances
crime
record
character
offender
mitigating
factors
lockett
charged
aggravated
murder
aggravating
specifications
murder
committed
purpose
escaping
detection
apprehension
trial
punishment
aggravated
robbery
murder
committed
committing
attempting
commit
fleeing
immediately
committing
attempting
commit
aggravated
robbery
offense
punishable
death
ohio
see
ohio
rev
code
ann
also
charged
aggravated
robbery
state
case
depended
largely
upon
testimony
coparticipant
one
al
parker
gave
following
account
participation
robbery
murder
lockett
became
acquainted
parker
nathan
earl
dew
friend
joanne
baxter
new
jersey
parker
dew
accompanied
lockett
baxter
lockett
brother
back
akron
ohio
lockett
hometown
arrived
akron
parker
dew
needed
money
trip
back
new
jersey
dew
suggested
pawn
ring
lockett
overheard
suggestion
felt
ring
beautiful
pawn
suggested
instead
get
money
robbing
grocery
store
furniture
store
area
warned
grocery
store
operator
big
guy
carried
get
real
quick
also
volunteered
get
gun
father
basement
aid
carrying
robberies
time
two
stores
closed
late
proceed
plan
rob
someone
apparently
lockett
brother
suggested
plan
robbing
pawnshop
dew
enter
shop
pretend
pawn
ring
next
parker
bullets
enter
shop
ask
see
gun
load
use
rob
shop
one
planned
kill
pawnshop
operator
course
robbery
knew
owner
lockett
among
entering
pawnshop
though
guide
others
shop
night
next
day
parker
dew
lockett
brother
gathered
baxter
apartment
lockett
brother
asked
still
going
everyone
including
lockett
agreed
proceed
four
drove
pawnshop
several
times
parked
car
lockett
brother
dew
entered
shop
parker
left
car
told
lockett
start
two
minutes
robbery
proceeded
according
plan
pawnbroker
grabbed
gun
parker
announced
stickup
gun
went
parker
finger
trigger
firing
fatal
shot
pawnbroker
parker
went
back
car
lockett
waited
engine
running
driving
away
pawnshop
parker
told
lockett
happened
took
gun
pawnshop
put
purse
lockett
parker
drove
lockett
aunt
house
called
taxicab
shortly
thereafter
riding
away
taxicab
stopped
police
time
lockett
placed
gun
front
seat
lockett
told
police
parker
rented
room
mother
lived
family
verifying
story
lockett
parents
police
released
lockett
parker
lockett
hid
dew
parker
attic
police
arrived
lockett
household
later
evening
parker
subsequently
apprehended
charged
aggravated
murder
specifications
offense
punishable
death
aggravated
robbery
prior
trial
pleaded
guilty
murder
charge
agreed
testify
lockett
brother
dew
return
prosecutor
dropped
aggravated
robbery
charge
specifications
murder
charge
thereby
eliminating
possibility
parker
receive
death
penalty
lockett
brother
dew
later
convicted
aggravated
murder
specifications
lockett
brother
sentenced
death
dew
received
lesser
penalty
determined
offense
primarily
product
mental
deficiency
one
three
mitigating
circumstances
specified
ohio
death
penalty
statute
two
weeks
lockett
separate
trial
prosecutor
offered
permit
plead
guilty
voluntary
manslaughter
aggravated
robbery
offenses
carried
maximum
penalty
years
imprisonment
maximum
fine
see
ohio
rev
code
ann
cooperate
state
rejected
offer
prior
trial
prosecutor
offered
permit
plead
guilty
aggravated
murder
without
specifications
offense
carrying
mandatory
life
penalty
understanding
aggravated
robbery
charge
outstanding
forgery
charge
dismissed
rejected
offer
trial
opening
argument
lockett
defense
counsel
summarized
appears
lockett
version
events
leading
killing
asserted
evidence
show
far
lockett
knew
dew
brother
planned
pawn
dew
ring
obtain
money
trip
back
new
jersey
lockett
waited
car
men
went
pawnshop
gone
restaurant
lunch
joined
parker
thinking
ring
pawned
saw
walking
back
car
lockett
counsel
asserted
evidence
show
parker
placed
gun
seat
taxicab
lockett
voluntarily
gone
police
station
learned
police
looking
pawnbroker
killers
parker
state
first
witness
testimony
related
version
robbery
shooting
admitted
prior
criminal
record
breaking
entering
larceny
receiving
stolen
goods
well
bond
jumping
also
acknowledged
plea
aggravated
murder
eliminated
possibility
death
penalty
agreed
testify
lockett
brother
dew
part
plea
agreement
prosecutor
end
major
portion
parker
testimony
prosecutor
renewed
offer
permit
lockett
plead
guilty
aggravated
murder
without
specifications
drop
charges
third
time
lockett
refused
option
pleading
guilty
lesser
offense
lockett
called
dew
brother
defense
witnesses
invoked
fifth
amendment
rights
refused
testify
course
defense
presentation
lockett
counsel
informed
presence
jury
believed
lockett
next
witness
requested
short
recess
recess
lockett
counsel
told
judge
lockett
wished
testify
decided
accept
mother
advice
remain
silent
despite
counsel
warning
followed
advice
defense
except
state
witnesses
thus
defense
introduce
evidence
rebut
prosecutor
case
instructed
jury
find
lockett
guilty
find
purposely
killed
pawnbroker
committing
attempting
commit
aggravated
robbery
jury
charged
one
purposely
aids
helps
associates
another
purpose
committing
crime
regarded
principal
offender
guilty
person
performed
every
act
constituting
offense
person
engaged
common
design
others
rob
force
violence
individual
individuals
property
presumed
acquiesce
whatever
may
reasonably
necessary
accomplish
object
enterprise
conspired
robbery
manner
accomplishment
reasonably
likely
produce
death
plotter
equally
guilty
principal
offender
aider
abettor
homicide
intent
kill
aider
abettor
may
found
exist
beyond
reasonable
doubt
circumstances
verdict
aggravated
murder
specifications
returned
ohio
death
penalty
statute
required
trial
judge
impose
death
sentence
unless
considering
nature
circumstances
offense
lockett
history
character
condition
found
preponderance
evidence
victim
induced
facilitated
offense
unlikely
lockett
committed
offense
fact
duress
coercion
strong
provocation
offense
primarily
product
lockett
psychosis
mental
deficiency
ohio
rev
code
accord
ohio
statute
trial
judge
requested
presentence
report
well
psychiatric
psychological
reports
reports
contained
detailed
information
lockett
intelligence
character
background
psychiatric
psychological
reports
described
average
intelligence
suffering
mental
deficiency
one
psychologists
reported
prognosis
rehabilitation
returned
society
favorable
presentence
report
showed
lockett
committed
major
offenses
although
record
several
minor
ones
juvenile
two
minor
offenses
adult
also
showed
used
heroin
receiving
treatment
drug
abuse
clinic
seemed
road
success
far
drug
problem
concerned
concluded
lockett
suffered
psychosis
mentally
deficient
considering
reports
hearing
argument
penalty
issue
trial
judge
concluded
offense
primarily
product
psychosis
mental
deficiency
without
specifically
addressing
two
statutory
mitigating
factors
judge
said
alternative
whether
like
law
impose
death
penalty
sentenced
lockett
death
ii
outset
address
lockett
various
challenges
validity
conviction
first
contention
prosecutor
repeated
references
closing
remarks
state
evidence
unrefuted
uncontradicted
constituted
comment
failure
testify
violated
fifth
fourteenth
amendment
rights
see
griffin
california
conclude
however
prosecutor
closing
comments
case
violate
constitutional
prohibitions
lockett
counsel
clearly
focused
jury
attention
silence
first
outlining
contemplated
defense
opening
statement
second
stating
jury
near
close
case
lockett
next
witness
viewed
background
seems
clear
prosecutor
closing
remarks
added
nothing
impression
already
created
lockett
refusal
testify
jury
promised
defense
lawyer
told
lockett
take
stand
lockett
also
contends
four
prospective
jurors
excluded
venire
violation
sixth
fourteenth
amendment
rights
principles
established
witherspoon
illinois
taylor
louisiana
agree
voir
dire
prosecutor
told
venire
possibility
death
penalty
might
imposed
judge
make
final
decision
punishment
asked
whether
prospective
jurors
opposed
capital
punishment
sit
listen
evidence
listen
law
make
determination
solely
upon
evidence
law
without
considering
fact
capital
punishment
might
imposed
four
venire
responded
affirmatively
trial
judge
addressed
following
question
four
veniremen
feel
take
oath
well
truely
sic
try
case
follow
law
conviction
strong
take
oath
knowing
possibility
exists
regard
capital
punishment
witherspoon
persons
generally
opposed
capital
punishment
excluded
cause
jury
convicted
sentenced
petitioner
death
disturb
conviction
held
sentence
death
carried
jury
imposed
recommended
chosen
excluding
veniremen
cause
simply
voiced
general
objections
death
penalty
expressed
conscientious
religious
scruples
infliction
specifically
noted
however
nothing
opinion
prevented
execution
death
sentence
veniremen
excluded
cause
make
unmistakably
clear
attitude
toward
death
penalty
prevent
making
impartial
decision
defendant
guilt
excluded
veniremen
case
made
unmistakably
clear
trusted
abide
existing
law
follow
conscientiously
instructions
trial
judge
boulden
holman
thus
properly
excluded
witherspoon
even
assuming
arguendo
witherspoon
provides
basis
attacking
conviction
well
sentence
capital
case
violation
principles
taylor
louisiana
supra
taylor
invalidated
jury
selection
system
operated
exclude
grossly
disproportionate
number
women
jury
service
thereby
depriving
petitioner
jury
chosen
fair
community
nothing
taylor
however
suggests
right
representative
jury
includes
right
tried
jurors
explicitly
indicated
inability
follow
law
instructions
trial
judge
lockett
final
attack
conviction
distinguished
sentence
merits
brief
attention
specifically
contends
ohio
interpretation
complicity
provision
statute
convicted
ohio
rev
code
ann
unexpected
deprived
fair
warning
crime
charged
opinion
ohio
belies
claim
shows
clearly
construction
given
statute
ohio
consistent
prior
ohio
law
legislative
history
statute
circumstances
claim
inadequate
notice
due
process
clause
fourteenth
amendment
must
rejected
iii
lockett
challenges
constitutionality
ohio
death
penalty
statute
number
grounds
find
necessary
consider
contention
death
sentence
invalid
statute
imposed
permit
sentencing
judge
consider
mitigating
factors
character
prior
record
age
lack
specific
intent
cause
death
relatively
minor
part
crime
address
contention
proper
perspective
helpful
review
developments
recent
cases
applied
eighth
fourteenth
amendments
death
penalty
statutes
write
clean
slate
prior
furman
georgia
every
state
authorized
capital
punishment
abandoned
mandatory
death
penalties
instead
permitted
jury
unguided
unrestrained
discretion
regarding
imposition
death
penalty
particular
capital
case
mandatory
death
penalties
proved
unsatisfactory
plurality
noted
woodson
north
carolina
part
juries
regularity
disregarded
oaths
refused
convict
defendants
death
sentence
automatic
consequence
guilty
verdict
never
intimated
prior
furman
discretion
sentencing
offended
constitution
see
pennsylvania
ex
rel
sullivan
ashe
williams
new
york
williams
oklahoma
recently
mcgautha
california
specifically
rejected
contention
discretion
imposing
death
penalty
violated
fundamental
standards
fairness
embodied
fourteenth
amendment
due
process
asserted
entitled
assume
jurors
confronted
truly
awesome
responsibility
decreeing
death
fellow
human
act
due
regard
consequences
decision
constitutional
status
discretionary
sentencing
capital
cases
changed
abruptly
however
result
separate
opinions
supporting
judgment
furman
question
furman
whether
imposition
carrying
death
penalty
cases
constitute
cruel
unusual
punishment
violation
eighth
fourteenth
amendments
two
justices
concluded
eighth
amendment
prohibited
death
penalty
altogether
ground
voted
reverse
judgments
sustaining
death
penalties
brennan
concurring
marshall
concurring
three
justices
unwilling
hold
death
penalty
per
se
unconstitutional
eighth
fourteenth
amendments
voted
reverse
judgments
grounds
separate
opinions
three
concluded
discretionary
sentencing
unguided
legislatively
defined
standards
violated
eighth
amendment
pregnant
discrimination
douglas
concurring
permitted
death
penalty
wantonly
freakishly
imposed
stewart
concurring
imposed
death
penalty
great
infrequency
afforded
meaningful
basis
distinguishing
cases
imposed
many
cases
white
concurring
thus
approved
due
process
clause
fourteenth
amendment
mcgautha
became
impermissible
eighth
fourteenth
amendments
virtue
judgment
furman
see
gregg
georgia
opinion
stewart
powell
stevens
predictably
variety
opinions
supporting
judgment
furman
engendered
confusion
required
order
impose
death
penalty
accord
eighth
amendment
responded
thought
command
furman
adopting
mandatory
death
penalties
limited
category
specific
crimes
thus
eliminating
discretion
sentencing
process
capital
cases
attempted
continue
practice
individually
assessing
culpability
individual
defendant
convicted
capital
offense
time
comply
furman
providing
standards
guide
sentencing
decision
four
years
furman
considered
eighth
amendment
issues
posed
five
death
penalty
statutes
four
justices
took
position
five
statutes
complied
constitution
two
justices
took
position
none
complied
hence
disposition
case
varied
according
votes
three
justices
delivered
joint
opinion
five
cases
upholding
constitutionality
statutes
georgia
florida
texas
holding
north
carolina
louisiana
unconstitutional
joint
opinion
reasoned
comply
furman
sentencing
procedures
create
substantial
risk
death
penalty
inflicted
arbitrary
capricious
manner
gregg
georgia
supra
view
three
justices
however
furman
require
sentencing
discretion
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directed
limited
death
penalty
imposed
consistent
rational
manner
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basis
distinguishing
cases
imposed
many
cases
plurality
concluded
course
invalidating
north
carolina
mandatory
death
penalty
statute
sentencing
process
must
permit
consideration
character
record
individual
offender
circumstances
particular
offense
constitutionally
indispensable
part
process
inflicting
penalty
death
woodson
north
carolina
order
ensure
reliability
eighth
amendment
standards
determination
death
appropriate
punishment
specific
case
see
roberts
harry
louisiana
jurek
texas
last
decade
many
obliged
revise
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penalty
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response
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supporting
judgments
furman
gregg
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signals
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order
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lockett
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ohio
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eighth
fourteenth
amendments
require
sentencer
given
full
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circumstances
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cases
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statute
comply
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part
plurality
opinions
woodson
supra
roberts
stanislaus
louisiana
joint
opinion
jurek
supra
goes
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begin
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concept
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long
accepted
country
see
williams
new
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pennsylvania
ex
rel
sullivan
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consistent
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judges
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thought
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ibid
williams
new
york
supra
williams
oklahoma
sentencing
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sentencing
judge
possession
fullest
information
possible
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life
characteristics
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relevant
essential
selection
appropriate
sentence
williams
new
york
supra
emphasis
added
opinions
going
back
many
years
dealing
sentencing
capital
cases
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strength
basis
individualized
sentencing
example
justice
black
writing
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new
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capital
case
observed
whole
country
traveled
far
period
death
sentence
automatic
commonplace
result
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offenses
today
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imposing
proper
sentence
sentencing
judge
authorized
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consider
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crime
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although
legislatures
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free
decide
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discretion
sentencing
reposed
judge
jury
noncapital
cases
plurality
opinion
woodson
reviewing
historical
repudiation
mandatory
sentencing
capital
cases
concluded
capital
cases
fundamental
respect
humanity
underlying
eighth
amendment
requires
consideration
character
record
individual
offender
circumstances
particular
offense
constitutionally
indispensable
part
process
inflicting
penalty
death
faced
questions
conclude
eighth
fourteenth
amendments
require
sentencer
rarest
kind
capital
case
precluded
considering
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factor
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character
record
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defendant
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basis
sentence
less
death
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practice
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sentences
rests
constitutional
commands
public
policy
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statutes
considerations
account
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acceptance
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cases
surely
thought
less
important
capital
cases
given
imposition
death
public
authority
profoundly
different
penalties
avoid
conclusion
individualized
decision
essential
capital
cases
need
treating
defendant
capital
case
degree
respect
due
uniqueness
individual
far
important
noncapital
cases
variety
flexible
techniques
probation
parole
work
furloughs
name
various
postconviction
remedies
may
available
modify
initial
sentence
confinement
noncapital
cases
nonavailability
corrective
modifying
mechanisms
respect
executed
capital
sentence
underscores
need
individualized
consideration
constitutional
requirement
imposing
death
sentence
perfect
procedure
deciding
cases
governmental
authority
used
impose
death
statute
prevents
sentencer
capital
cases
giving
independent
mitigating
weight
aspects
defendant
character
record
circumstances
offense
proffered
mitigation
creates
risk
death
penalty
imposed
spite
factors
may
call
less
severe
penalty
choice
life
death
risk
unacceptable
incompatible
commands
eighth
fourteenth
amendments
ohio
death
penalty
statute
permit
type
individualized
consideration
mitigating
factors
hold
required
eighth
fourteenth
amendments
capital
cases
constitutional
infirmities
best
understood
comparing
statutes
upheld
gregg
proffitt
jurek
upholding
georgia
statute
gregg
justices
stewart
powell
stevens
noted
statute
permitted
jury
consider
aggravating
mitigating
circumstances
see
gregg
georgia
approved
open
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presentence
hearings
although
florida
statute
approved
proffitt
contained
list
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factors
six
members
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statute
range
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factors
listed
statute
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involved
texas
statute
made
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rather
jury
required
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process
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whether
probability
defendant
commit
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acts
violence
constitute
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threat
society
tex
code
crim
art
supp
see
statute
survived
petitioner
eighth
fourteenth
amendment
attack
three
justices
concluded
texas
criminal
appeals
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facial
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permit
sentencer
consider
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mitigating
circumstances
defendant
might
able
show
opinion
stewart
powell
stevens
jj
citing
quoting
jurek
state
tex
crim
app
none
statutes
sustained
gregg
companion
cases
clearly
operated
time
prevent
sentencer
considering
aspect
defendant
character
record
circumstances
offense
independently
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factor
regard
statute
us
significantly
different
defendant
found
guilty
aggravated
murder
least
one
seven
specified
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circumstances
death
penalty
must
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considering
nature
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history
character
condition
offender
sentencing
judge
determines
least
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following
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fact
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mental
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ann
limited
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sentencer
ohio
statute
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eighth
fourteenth
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constitutional
requirements
death
penalty
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must
preclude
consideration
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judgment
review
reversed
extent
sustains
imposition
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penalty
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remanded
proceedings
ordered
mr
appendix
opinion
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sentence
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insanity
footnotes
presentence
report
also
contained
information
robbery
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dew
told
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parker
lockett
brother
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lockett
followed
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get
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see
ohio
stern
dissenting
see
woodson
north
carolina
opinion
stewart
powell
stevens
see
mcgautha
california
see
furman
georgia
burger
dissenting
limits
consideration
mitigating
factors
ohio
death
penalty
statute
lockett
attacks
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prior
furman
ohio
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see
sub
house
bill
ohio
general
assembly
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ohio
house
march
lehman
norris
legislative
history
comments
ohio
new
criminal
code
cleve
rev
furman
announced
ohio
senate
judiciary
committee
consideration
ohio
house
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furman
committee
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retain
death
penalty
eliminate
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permitted
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bill
result
ohio
senate
developed
current
sentencing
procedure
requires
imposition
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penalty
one
seven
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aggravating
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found
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furman
sponsors
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position
mount
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opposition
senate
amendments
see
lehman
norris
supra
statute
lockett
sentenced
enacted
see
woodson
supra
opinion
stewart
powell
stevens
jj
rockwell
superior
cal
clark
concurring
account
california
enacted
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state
spence
del
delaware
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interpreted
furman
requiring
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shepard
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note
discretion
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new
death
penalty
statutes
harv
rev
gregg
georgia
proffitt
florida
jurek
texas
woodson
north
carolina
supra
roberts
stanislaus
louisiana
express
opinion
whether
need
deter
certain
kinds
homicide
justify
mandatory
death
sentence
example
prisoner
escapee
life
sentence
found
guilty
murder
see
roberts
harry
louisiana
nothing
opinion
limits
traditional
authority
exclude
irrelevant
evidence
bearing
defendant
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prior
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sentencing
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comparable
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emphasize
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view
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congress
fix
mandatory
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sentencing
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addition
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code
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white
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list
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factors
justice
white
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rehnquist
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stewart
powell
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jury
ohio
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procedures
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ohio
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lockett
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rea
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ohio
capital
penalty
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purposefulness
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penalty
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lockett
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rea
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furman
georgia
dissenting
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adhered
cases
see
opinions
gregg
georgia
proffitt
florida
jurek
texas
woodson
north
carolina
roberts
louisiana
judgment
disproportionality
coker
supra
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ohio
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amendment
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gregg
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stewart
powell
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harry
louisiana
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woodson
north
carolina
opinions
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gregg
georgia
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stewart
powell
stevens
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jurek
texas
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stewart
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upheld
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sentence
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sentence
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north
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louisiana
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defendant
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furman
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woodson
north
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georgia
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powell
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opinion
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majority
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harlan
mcgautha
california
spoke
words
may
well
american
law
institute
national
commission
reform
federal
criminal
laws
concluded
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trials
criteria
jury
sentencing
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means
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cases
death
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mcgautha
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simmons
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amendment
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go
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urged
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penalty
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lockett
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eighth
fourteenth
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notion
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punishment
crime
allow
hold
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penalty
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upon
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judge
charge
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required
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victim
brother
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legislatively
foreclosed
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penalty
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intend
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death
ante
centuries
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doctrine
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view
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many
thoughtful
moralists
penologists
reject
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notion
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punishments
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sentence
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petitioner
claims
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without
merit
affirm
judgment
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