woodson
north
carolina
argued
march
decided
july
following
decision
furman
georgia
north
carolina
law
previously
provided
cases
murder
jury
unbridled
discretion
choose
whether
convicted
defendant
sentenced
death
life
imprisonment
changed
make
death
penalty
mandatory
crime
petitioners
whose
convictions
murder
whose
death
sentences
new
statute
upheld
north
carolina
challenged
statute
constitutionality
held
judgment
reversed
insofar
upheld
death
sentences
case
remanded
pp
reversed
remanded
justice
stewart
justice
powell
justice
stevens
concluded
north
carolina
mandatory
death
sentence
statute
violates
eight
fourteenth
amendments
pp
eighth
amendment
serves
assure
state
power
punish
exercised
within
limits
civilized
standards
trop
dulles
plurality
opinion
central
application
amendment
determination
contemporary
standards
regarding
infliction
punishment
gregg
georgia
ante
though
time
eighth
amendment
adopted
provided
mandatory
death
sentences
specified
offenses
reaction
jurors
legislators
harshness
provisions
led
replacement
automatic
death
penalty
statutes
discretionary
jury
sentencing
two
crucial
indicators
evolving
standards
decency
respecting
imposition
punishment
society
jury
determinations
legislative
enactments
conclusively
point
repudiation
automatic
death
sentences
belief
longer
prevails
every
offense
like
legal
category
calls
identical
punishment
without
regard
past
life
habits
particular
offender
williams
new
york
north
carolina
mandatory
death
penalty
statute
murder
resulted
state
legislature
adoption
state
analysis
furman
required
severance
discretionary
feature
old
law
constitutionally
impermissible
departure
contemporary
standards
respecting
imposition
unique
irretrievable
punishment
death
pp
north
carolina
statute
fails
provide
constitutionally
tolerable
response
furman
rejection
unbridled
jury
discretion
imposition
capital
sentences
central
limited
holding
case
conviction
vesting
jury
standardless
sentencing
power
violated
eighth
fourteenth
amendments
yet
constitutional
deficiency
eliminated
mere
formal
removal
sentencing
power
juries
capital
cases
view
historic
record
may
reasonably
assumed
many
juries
mandatory
statutes
continue
consider
grave
consequences
conviction
reaching
verdict
north
carolina
statute
provides
standards
guide
jury
determining
murderers
shall
live
shall
die
pp
respect
human
dignity
underlying
eighth
amendment
trop
dulles
supra
plurality
opinion
requires
consideration
aspects
character
individual
offender
circumstances
particular
offense
constitutionally
indispensable
part
process
imposing
ultimate
punishment
death
north
carolina
statute
impermissibly
treats
persons
convicted
designated
offense
uniquely
individual
human
beings
members
faceless
undifferentiated
mass
subjected
blind
infliction
death
penalty
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
petitioners
brief
jack
greenberg
james
nabrit
iii
peggy
davis
adam
stein
charles
becton
edward
mccormick
johnson
sidney
eagles
special
deputy
attorney
general
north
carolina
argued
cause
respondent
brief
rufus
edmisten
attorney
general
james
magner
assistant
attorney
general
jean
benoy
deputy
attorney
general
noel
allen
david
crump
associate
attorneys
general
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
stewart
question
case
whether
imposition
death
sentence
crime
murder
law
north
carolina
violates
eighth
fourteenth
amendments
petitioners
convicted
murder
result
participation
armed
robbery
convenience
food
store
course
cashier
killed
customer
seriously
wounded
four
participants
robbery
petitioners
james
tyrone
woodson
luby
waxton
two
others
leonard
tucker
johnnie
lee
carroll
petitioners
trial
tucker
carroll
testified
prosecution
permitted
plead
guilty
lesser
offenses
petitioners
testified
plead
defense
evidence
prosecution
established
four
men
discussing
possible
robbery
time
fatal
day
woodson
drinking
heavily
waxton
tucker
came
trailer
woodson
staying
woodson
came
trailer
waxton
struck
face
threatened
kill
effort
make
sober
come
along
robbery
three
proceeded
waxton
trailer
met
carroll
waxton
armed
derringer
tucker
handed
woodson
rifle
four
set
automobile
rob
store
upon
arriving
destination
tucker
waxton
went
store
carroll
woodson
remained
car
lookouts
inside
store
tucker
purchased
package
cigarettes
woman
cashier
waxton
also
asked
package
cigarettes
cashier
approached
pulled
derringer
hip
pocket
fatally
shot
range
waxton
took
money
tray
cash
register
gave
tucker
carried
store
pushing
past
entering
customer
reached
door
outside
tucker
heard
second
shot
inside
store
shortly
thereafter
waxton
emerged
carrying
handful
paper
money
tucker
waxton
got
car
four
drove
away
petitioners
testimony
agreed
large
part
version
circumstances
robbery
differed
diametrically
one
important
respect
waxton
claimed
never
gun
tucker
shot
cashier
customer
trial
waxton
asked
allowed
plead
guilty
lesser
offenses
tucker
pleaded
guilty
solicitor
refused
accept
pleas
woodson
contrast
maintained
throughout
trial
coerced
waxton
therefore
innocent
consider
pleading
guilty
offense
petitioners
found
guilty
charges
required
statute
sentenced
death
north
carolina
affirmed
granted
certiorari
consider
whether
imposition
death
penalties
case
comports
eighth
fourteenth
amendments
constitution
ii
petitioners
argue
imposition
death
penalty
circumstances
cruel
unusual
punishment
violation
eighth
fourteenth
amendments
reject
argument
reasons
stated
today
gregg
georgia
ante
iii
time
decision
furman
georgia
north
carolina
law
provided
cases
murder
jury
unbridled
discretion
choose
whether
convicted
defendant
sentenced
death
life
imprisonment
furman
decision
north
carolina
state
waddell
held
unconstitutional
provision
death
penalty
statute
gave
jury
option
returning
verdict
guilty
without
capital
punishment
held
provision
severable
statute
survived
mandatory
death
penalty
law
north
carolina
general
assembly
followed
lead
enacted
new
statute
essentially
unchanged
old
one
except
made
death
penalty
mandatory
statute
reads
follows
murder
first
second
degree
defined
punishment
murder
shall
perpetrated
means
poison
lying
wait
imprisonment
starving
torture
kind
willful
deliberate
premeditated
killing
shall
committed
perpetration
attempt
perpetrate
arson
rape
robbery
kidnapping
burglary
felony
shall
deemed
murder
first
degree
shall
punished
death
kinds
murder
shall
deemed
murder
second
degree
shall
punished
imprisonment
term
less
two
years
life
imprisonment
state
prison
stat
cum
supp
north
carolina
unlike
florida
georgia
texas
thus
responded
furman
decision
making
death
mandatory
sentence
persons
convicted
murder
ruling
constitutionality
sentences
imposed
petitioners
north
carolina
statute
addresses
first
time
question
whether
death
sentence
returned
pursuant
law
imposing
mandatory
death
penalty
broad
category
homicidal
offenses
constitutes
cruel
unusual
punishment
within
meaning
eighth
fourteenth
amendments
issue
like
explored
furman
involves
procedure
employed
state
select
persons
unique
irreversible
penalty
death
eighth
amendment
stands
assure
state
power
punish
exercised
within
limits
civilized
standards
trop
dulles
plurality
opinion
see
weems
louisiana
ex
rel
francis
resweber
frankfurter
concurring
robinson
california
furman
georgia
douglas
concurring
brennan
concurring
marshall
concurring
burger
dissenting
blackmun
dissenting
powell
dissenting
central
application
amendment
determination
contemporary
standards
regarding
infliction
punishment
discussed
gregg
georgia
ante
indicia
societal
values
identified
prior
opinions
include
history
traditional
usage
legislative
enactments
jury
determinations
order
provide
frame
assessing
relevancy
factors
case
begin
sketching
history
mandatory
death
penalty
statutes
time
eighth
amendment
adopted
uniformly
followed
practice
making
death
exclusive
mandatory
sentence
certain
specified
offenses
although
range
capital
offenses
american
colonies
quite
limited
comparison
offenses
punishable
death
england
colonies
time
revolution
imposed
death
sentences
persons
convicted
considerable
number
crimes
typically
including
minimum
murder
treason
piracy
arson
rape
robbery
burglary
sodomy
common
law
homicides
involuntary
provoked
justified
excused
constituted
murder
automatically
punished
death
almost
outset
jurors
reacted
unfavorably
harshness
mandatory
death
sentences
initially
responded
expression
public
dissatisfaction
mandatory
statutes
limiting
classes
capital
offenses
reform
however
left
unresolved
problem
posed
infrequent
refusal
juries
convict
murderers
rather
subject
automatic
death
sentences
pennsylvania
attempted
alleviate
undue
severity
law
confining
mandatory
death
penalty
murder
first
degree
encompassing
wilful
deliberate
premeditated
killings
laws
jurisdictions
including
virginia
ohio
soon
enacted
similar
measures
within
generation
practice
spread
despite
broad
acceptance
division
murder
degrees
reform
proved
unsatisfactory
means
identifying
persons
appropriately
punishable
death
although
failure
due
part
amorphous
nature
controlling
concepts
willfulness
deliberateness
premeditation
fundamental
weakness
reform
soon
became
apparent
juries
continued
find
death
penalty
inappropriate
significant
number
murder
cases
refused
return
guilty
verdicts
crime
inadequacy
distinguishing
murderers
solely
basis
legislative
criteria
narrowing
definition
capital
offense
led
grant
juries
sentencing
discretion
capital
cases
tennessee
followed
alabama
louisiana
first
abandon
mandatory
death
sentences
favor
discretionary
death
penalty
statutes
flexibility
remedied
harshness
mandatory
statutes
permitting
jury
respond
mitigating
factors
withholding
death
penalty
turn
century
federal
government
made
death
sentences
discretionary
murder
capital
offenses
next
two
decades
additional
replaced
mandatory
death
penalty
statutes
thus
end
world
war
eight
hawaii
district
columbia
either
adopted
discretionary
death
penalty
schemes
abolished
death
penalty
altogether
remaining
jurisdictions
replaced
automatic
death
penalty
statutes
discretionary
jury
sentencing
history
mandatory
death
penalty
statutes
thus
reveals
practice
sentencing
death
persons
convicted
particular
offense
rejected
unduly
harsh
unworkably
rigid
two
crucial
indicators
evolving
standards
decency
respecting
imposition
punishment
society
jury
determinations
legislative
enactments
point
conclusively
repudiation
automatic
death
sentences
least
since
revolution
american
jurors
regularity
disregarded
oaths
refused
convict
defendants
death
sentence
automatic
consequence
guilty
verdict
seen
initial
movement
reduce
number
capital
offenses
separate
murder
degrees
prompted
part
reaction
jurors
well
reformers
objected
imposition
death
penalty
crime
nineteenth
century
journalists
statesmen
jurists
repeatedly
observed
jurors
often
deterred
convicting
palpably
guilty
men
murder
mandatory
statutes
thereafter
continuing
evidence
jury
reluctance
convict
persons
capital
offenses
mandatory
death
penalty
jurisdictions
resulted
legislative
authorization
discretionary
jury
sentencing
congress
federal
crimes
north
carolina
congress
district
columbia
noted
today
gregg
georgia
ante
legislative
measures
adopted
people
chosen
representatives
weigh
heavily
ascertaining
contemporary
standards
decency
consistent
course
charted
state
legislatures
congress
since
middle
past
century
demonstrates
aversion
jurors
mandatory
death
penalty
statutes
shared
society
large
still
evidence
incompatibility
mandatory
death
penalties
contemporary
values
provided
results
jury
sentencing
discretionary
statutes
witherspoon
illinois
observed
one
important
functions
jury
perform
exercising
discretion
choose
life
imprisonment
capital
punishment
maintain
link
contemporary
community
values
penal
system
various
studies
indicate
even
murder
cases
juries
sentencing
discretion
impose
death
penalty
great
frequency
kalven
zeisel
american
jury
actions
sentencing
juries
suggest
contemporary
standards
decency
death
viewed
inappropriate
punishment
substantial
portion
convicted
murderers
although
never
ruled
constitutionality
mandatory
death
penalty
statutes
several
occasions
dating
back
commented
upon
society
aversion
automatic
death
sentences
winston
noted
hardship
punishing
death
every
crime
coming
within
definition
murder
common
law
reluctance
jurors
concur
capital
conviction
induced
american
legislatures
modern
times
allow
cases
murder
punished
imprisonment
instead
death
fifty
years
winston
underscored
marked
transformation
attitudes
toward
mandatory
sentences
belief
longer
prevails
every
offense
like
legal
category
calls
identical
punishment
without
regard
past
life
habits
particular
offender
whole
country
traveled
far
period
death
sentence
automatic
commonplace
result
convictions
williams
new
york
recently
mcgautha
california
detailed
evolution
discretionary
imposition
death
sentences
country
prompted
termed
american
rebellion
rule
imposing
mandatory
death
sentence
convicted
murderers
see
perhaps
one
important
factor
evolving
social
values
regarding
capital
punishment
upon
members
furman
agreed
accuracy
mcgautha
assessment
nation
rejection
mandatory
death
sentences
see
furman
georgia
douglas
concurring
brennan
concurring
marshall
concurring
burger
blackmun
powell
rehnquist
joined
dissenting
blackmun
dissenting
justice
blackmun
example
emphasized
legislation
requiring
automatic
death
sentence
specified
crimes
regressive
antique
mold
mark
return
point
criminology
passed
beyond
long
ago
ibid
chief
justice
speaking
four
dissenting
justices
furman
discussed
question
mandatory
death
sentences
length
thought
nothing
clearer
history
noted
mcgautha
one
year
ago
american
abhorrence
rule
imposing
mandatory
death
sentence
convicted
murderers
concurring
opinion
justice
marshall
shows
century
movement
away
mandatory
death
sentences
marked
enlightened
introduction
flexibility
sentencing
process
recognized
individual
culpability
always
measured
category
crime
committed
change
sentencing
practice
greeted
humanizing
development
see
winston
cf
calton
utah
see
also
andres
frankfurter
concurring
brief
examination
background
current
north
carolina
statute
serves
reaffirm
assessment
limited
utility
indicator
contemporary
values
regarding
mandatory
death
sentences
north
carolina
imposed
mandatory
death
sentence
person
convicted
rape
murder
year
study
commission
created
state
legislature
recommended
juries
granted
discretion
recommend
life
sentences
capital
cases
propose
recommendation
mercy
jury
capital
cases
automatically
carry
life
sentence
three
mandatory
death
penalty
believe
retention
definitely
harmful
quite
frequently
juries
refuse
convict
rape
first
degree
murder
circumstances
believe
defendant
although
guilty
suffer
death
result
verdicts
returned
hardly
harmony
evidence
proposal
already
effect
respect
crimes
burglary
arson
much
testimony
proved
beneficial
cases
think
law
broadened
include
capital
crimes
report
special
commission
improvement
administration
justice
north
carolina
popular
government
noted
supra
north
carolina
analyzed
constitutionality
state
death
penalty
statute
following
decision
furman
severed
proviso
authorizing
jury
sentencing
discretion
held
remainder
statute
death
mandatory
punishment
remains
full
force
effect
state
waddell
supra
north
carolina
general
assembly
followed
course
found
constitutional
waddell
enacted
murder
provision
identical
mandatory
statute
operation
prior
authorization
jury
discretion
state
brief
case
relates
legislature
sought
remove
sentencing
discretion
successful
furman
based
attack
north
carolina
statute
well
established
eighth
amendment
draws
much
meaning
evolving
standards
decency
mark
progress
maturing
society
trop
dulles
plurality
opinion
discussion
makes
clear
one
significant
developments
society
treatment
capital
punishment
rejection
practice
inexorably
imposing
death
sentence
upon
every
person
convicted
specified
offense
north
carolina
mandatory
death
penalty
statute
murder
departs
markedly
contemporary
standards
respecting
imposition
punishment
death
thus
applied
consistently
eighth
fourteenth
amendments
requirement
state
power
punish
exercised
within
limits
civilized
standards
separate
deficiency
north
carolina
mandatory
death
sentence
statute
failure
provide
constitutionally
tolerable
response
furman
rejection
unbridled
jury
discretion
imposition
capital
sentences
central
limited
holding
furman
conviction
vesting
standardless
sentencing
power
jury
violated
eighth
fourteenth
amendments
see
furman
georgia
stewart
concurring
white
concurring
cf
douglas
concurring
see
also
burger
dissenting
argued
north
carolina
remedied
inadequacies
death
penalty
statutes
held
unconstitutional
furman
withdrawing
sentencing
discretion
juries
capital
cases
one
considers
long
consistent
american
experience
death
penalty
murder
cases
becomes
evident
mandatory
statutes
enacted
response
furman
simply
papered
problem
unguided
unchecked
jury
discretion
noted
part
supra
general
agreement
american
juries
persistently
refused
convict
significant
portion
persons
charged
murder
offense
mandatory
death
penalty
statutes
north
carolina
study
commission
supra
reported
juries
state
uite
frequently
deterred
rendering
guilty
verdicts
murder
enormity
sentence
automatically
imposed
moreover
matter
historic
fact
juries
operating
discretionary
sentencing
statutes
consistently
returned
death
sentences
minority
murder
cases
view
historic
record
reasonable
assume
many
juries
mandatory
statutes
continue
consider
grave
consequences
conviction
reaching
verdict
north
carolina
mandatory
death
penalty
statute
provides
standards
guide
jury
inevitable
exercise
power
determine
murderers
shall
live
shall
die
way
north
carolina
law
judiciary
check
arbitrary
capricious
exercise
power
review
death
sentences
instead
rationalizing
sentencing
process
mandatory
scheme
may
well
exacerbate
problem
identified
furman
resting
penalty
determination
particular
jury
willingness
act
lawlessly
mandatory
death
penalty
statute
may
reasonably
expected
increase
number
persons
sentenced
death
fulfill
furman
basic
requirement
replacing
arbitrary
wanton
jury
discretion
objective
standards
guide
regularize
make
rationally
reviewable
process
imposing
sentence
death
third
constitutional
shortcoming
north
carolina
statute
failure
allow
particularized
consideration
relevant
aspects
character
record
convicted
defendant
imposition
upon
sentence
death
furman
members
acknowledged
fairly
denied
death
punishment
different
sanctions
kind
rather
degree
see
brennan
concurring
stewart
concurring
process
accords
significance
relevant
facets
character
record
individual
offender
circumstances
particular
offense
excludes
consideration
fixing
ultimate
punishment
death
possibility
compassionate
mitigating
factors
stemming
diverse
frailties
humankind
treats
persons
convicted
designated
offense
uniquely
individual
human
beings
members
faceless
undifferentiated
mass
subjected
blind
infliction
penalty
death
previously
recognized
determination
sentences
justice
generally
requires
consideration
particular
acts
crime
committed
taken
account
circumstances
offense
together
character
propensities
offender
pennsylvania
ex
rel
sullivan
ashe
consideration
offender
offense
order
arrive
appropriate
sentence
viewed
progressive
humanizing
development
see
williams
new
york
furman
georgia
burger
dissenting
prevailing
practice
individualizing
sentencing
determinations
generally
reflects
simply
enlightened
policy
rather
constitutional
imperative
believe
capital
cases
fundamental
respect
humanity
underlying
eighth
amendment
see
trop
dulles
plurality
opinion
requires
consideration
character
record
individual
offender
circumstances
particular
offense
constitutionally
indispensable
part
process
inflicting
penalty
death
conclusion
rests
squarely
predicate
penalty
death
qualitatively
different
sentence
imprisonment
however
long
death
finality
differs
life
imprisonment
prison
term
difference
one
year
two
qualitative
difference
corresponding
difference
need
reliability
determination
death
appropriate
punishment
specific
case
reasons
stated
conclude
death
sentences
imposed
upon
petitioners
north
carolina
mandatory
death
sentence
statute
violated
eighth
fourteenth
amendments
therefore
must
set
aside
judgment
north
carolina
reversed
insofar
upheld
death
sentences
imposed
upon
petitioners
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
solicitor
gave
reason
refusing
accept
waxton
offer
plead
guilty
lesser
offense
north
carolina
finding
solicitor
abused
discretion
noted
evidence
waxton
planned
directed
robbery
fired
shots
killed
butler
wounded
stancil
overwhelming
extenuating
circumstances
gave
solicitor
incentive
accept
plea
tendered
close
state
evidence
addition
murder
petitioners
found
guilty
armed
robbery
waxton
also
found
guilty
assault
deadly
weapon
intent
kill
charge
arising
wounding
customer
murder
statute
effect
north
carolina
april
read
follows
murder
first
second
degree
defined
punishment
murder
shall
perpetrated
means
poison
lying
wait
imprisonment
starving
torture
kind
willful
deliberate
premeditated
killing
shall
committed
perpetration
attempt
perpetrate
arson
rape
robbery
burglary
felony
shall
deemed
murder
first
degree
shall
punished
death
provided
time
rendering
verdict
open
jury
shall
recommend
punishment
shall
imprisonment
life
state
prison
shall
instruct
jury
kinds
murder
shall
deemed
murder
second
degree
shall
punished
imprisonment
less
two
thirty
years
state
prison
stat
characterized
effect
statute
without
invalid
provision
follows
upon
return
verdict
guilty
offense
must
pronounce
sentence
death
punishment
imposed
capital
felonies
longer
discretionary
question
jury
therefore
longer
proper
subject
instruction
judge
north
carolina
also
enacted
mandatory
death
sentence
statute
crime
rape
stat
cum
supp
case
involve
mandatory
death
penalty
statute
limited
extremely
narrow
category
homicide
murder
prisoner
serving
life
sentence
defined
large
part
terms
character
record
offender
thus
express
opinion
regarding
constitutionality
statute
see
infra
eighth
amendment
proscription
cruel
unusual
punishments
held
applicable
fourteenth
amendment
see
robinson
california
decision
furman
georgia
involved
statutes
providing
jury
discretion
imposition
death
sentences
several
members
furman
expressly
declined
state
views
regarding
constitutionality
mandatory
death
sentence
statutes
see
douglas
concurring
stewart
concurring
white
concurring
petitioners
four
death
penalty
cases
contend
sentences
imposed
violation
constitution
north
carolina
failed
eliminate
discretion
phases
procedure
imposing
capital
punishment
rejected
similar
claims
today
gregg
proffitt
jurek
mandatory
nature
north
carolina
death
penalty
statute
murder
presents
different
question
eighth
fourteenth
amendments
justice
frankfurter
contended
eighth
amendment
apply
fourteenth
amendment
believed
however
due
process
clause
fourteenth
amendment
expresses
demand
civilized
standards
louisiana
ex
rel
francis
resweber
concurring
opinion
see
trop
dulles
plurality
opinion
dictum
see
also
furman
georgia
supra
brennan
concurring
see
weems
noting
punishment
cadena
temporal
issue
case
fellow
american
legislation
furman
georgia
supra
powell
dissenting
gregg
georgia
ante
see
witherspoon
illinois
mcgautha
california
furman
georgia
supra
burger
dissenting
powell
dissenting
attempt
discern
therefore
prevailing
standards
decency
lie
must
take
careful
account
jury
response
question
capital
punishment
see
bedau
death
penalty
america
rev
ed
hereafter
bedau
see
bye
capital
punishment
hereafter
bye
see
bedau
bye
new
england
colonies
made
offenses
capital
rhode
island
capital
crimes
mildest
colonies
hartung
trends
use
capital
punishment
annals
academy
pol
soc
sci
english
colonies
country
ten
eighteen
capital
offenses
see
bedau
see
knowlton
problems
jury
discretion
capital
cases
rev
mackey
inutility
mandatory
capital
punishment
historical
note
rev
mcgautha
california
supra
andres
frankfurter
concurring
winston
see
bye
colonial
period
pennsylvania
great
law
william
penn
limited
capital
punishment
murder
following
penn
death
however
pennsylvania
greatly
expanded
number
capital
offenses
see
hartung
supra
many
early
century
significantly
reduced
number
crimes
punishable
death
see
davis
movement
abolish
capital
punishment
america
hist
rev
see
bedau
see
ibid
davis
supra
late
adopted
pennsylvania
formulation
retained
single
category
murder
defined
common
law
see
american
law
institute
model
penal
code
comment
tent
draft
see
mcgautha
california
supra
see
bedau
mackey
supra
mcgautha
california
supra
see
laws
laws
la
laws
act
see
also
bowers
executions
america
prior
tennessee
reform
maryland
changed
mandatory
optional
death
sentence
crimes
treason
rape
arson
md
laws
time
early
colonial
period
massachusetts
part
capitall
lawes
apparently
nonmandatory
provision
crime
rape
see
bedau
see
bowers
supra
table
sets
forth
date
state
adopted
discretionary
jury
sentencing
brief
amicus
curiae
mcgautha
california
app
listing
statutes
state
initially
introducing
discretionary
jury
sentencing
capital
cases
app
listing
state
statutes
force
providing
discretionary
jury
sentencing
capital
murder
cases
prior
decision
furman
georgia
remained
handful
obscure
statutes
scattered
among
penal
codes
various
required
automatic
death
sentence
upon
conviction
specified
offense
statutes
applied
esoteric
crimes
trainwrecking
resulting
death
perjury
capital
case
resulting
execution
innocent
person
treason
state
government
see
bedau
compilation
prevalent
statutes
dealt
crime
treason
state
governments
ibid
appears
one
ever
prosecuted
state
treason
laws
see
hartung
supra
see
also
sellin
death
penalty
report
model
penal
code
project
american
law
institute
discussing
michigan
statute
subsequently
repealed
north
dakota
statute
several
retained
mandatory
death
sentences
perjury
capital
cases
resulting
execution
innocent
person
data
covering
years
indicate
however
state
employed
capital
perjury
statute
period
see
bedau
category
mandatory
death
sentence
statutes
appears
relevance
actual
administration
death
penalty
years
preceding
furman
concerned
crimes
murder
assault
deadly
weapon
prisoner
statutes
type
apparently
existed
five
see
five
prisoners
death
sentence
across
country
sentenced
mandatory
death
penalty
statute
prisoners
convicted
california
statute
applicable
assaults
prisoners
see
brief
naacp
legal
defense
educational
fund
et
amici
curiae
mcgautha
california
occasion
case
examine
constitutionality
mandatory
death
sentence
statutes
applicable
prisoners
serving
life
sentences
see
mackey
supra
see
noting
modification
federal
capital
statutes
make
death
penalty
discretionary
harmony
growing
public
sentiment
quoting
sess
see
report
special
commission
improvement
administration
justice
north
carolina
popular
government
see
unpublished
hearings
subcommittee
judiciary
senate
committee
district
columbia
may
testimony
keating
data
compiled
former
attorney
district
columbia
indicated
juries
convicted
defendants
murder
jury
trials
murder
held
district
columbia
july
february
ibid
conviction
rate
substantially
general
average
prosecuting
crimes
lower
conviction
rate
attributed
reluctance
jurors
impose
harsh
consequences
murder
conviction
cases
record
might
justify
lesser
punishment
ibid
see
mccafferty
major
trends
use
capital
punishment
crim
pp
discussing
similar
study
murder
cases
district
columbia
period
july
june
study
death
penalty
submitted
american
law
institute
noted
juries
massachusetts
connecticut
many
years
resorted
murder
convictions
avoid
consequences
mandatory
death
penalty
statutes
murder
prior
replacement
discretionary
sentencing
see
sellin
supra
pennsylvania
legislative
report
surveying
available
literature
analyzing
mandatory
death
sentence
statutes
concluded
although
data
collection
techniques
instances
weak
uniformity
conclusions
substantiating
authors
termed
jury
nullification
refusal
convict
required
penalty
impressive
authors
sides
capital
punishment
debate
reached
essentially
conclusions
authors
writing
mandatory
death
penalty
wrote
reached
conclusions
persons
writing
mccloskey
review
literature
contrasting
mandatory
discretionary
systems
sentencing
capital
cases
report
governor
study
commission
capital
punishment
mandatory
death
sentence
laws
murder
abandoned
legislature
legislature
since
tennessee
replaced
mandatory
statute
years
ago
single
exception
state
prior
furman
decision
ever
returned
mandatory
scheme
adopting
discretionary
sentencing
see
bedau
bowers
supra
vermont
first
provided
jury
discretion
apparently
prompted
return
mandatory
sentencing
veritable
crime
wave
twenty
murders
see
bedau
vermont
reinstituted
discretionary
jury
sentencing
data
compiled
discretionary
jury
sentencing
persons
convicted
capital
murder
reveal
penalty
death
generally
imposed
less
cases
see
furman
georgia
burger
dissenting
powell
dissenting
brief
petitioner
aikens
california
app
collecting
data
number
jurisdictions
indicating
percentage
death
sentences
many
well
statistics
compiled
department
justice
show
convicted
murderers
sentenced
death
see
law
enforcement
assistance
administration
capital
punishment
table
national
prisoner
statistics
bulletin
figure
include
persons
retained
local
facilities
pendency
appeals
later
andres
justice
frankfurter
observed
century
movement
leading
passage
legislation
providing
discretionary
sentencing
capital
cases
impelled
ethical
humanitarian
arguments
capital
punishment
well
practical
consideration
jurors
reluctant
bring
verdicts
inevitably
called
infliction
concurring
opinion
andres
noted
decision
congress
end
century
replace
mandatory
death
sentences
discretionary
jury
sentencing
federal
capital
crimes
prompted
issatisfaction
harshness
antiquity
federal
criminal
laws
see
supra
study
public
opinion
polls
death
penalty
concluded
despite
increasing
approval
death
penalty
reflected
opinion
polls
last
decade
evidence
many
people
supporting
general
idea
capital
punishment
want
administration
depend
circumstances
case
character
defendant
vidmar
ellsworth
public
opinion
death
penalty
stan
rev
one
poll
discussed
authors
revealed
substantial
majority
persons
opposed
mandatory
capital
punishment
moreover
public
jury
system
recent
years
applied
death
penalty
anything
mandatory
fashion
see
supra
fact
justice
rehnquist
dissent
properly
notes
preferred
mandatory
capital
punishment
capital
punishment
post
entitled
weight
artificial
choice
merely
establishes
desire
form
capital
punishment
hardly
utterly
inconsistent
notion
regarded
mandatory
capital
sentencing
beyond
evolving
standards
decency
ibid
says
contemporary
values
decision
state
thinking
faced
choice
barbarous
punishment
punishment
choose
former
dissenting
opinions
case
roberts
louisiana
post
argue
conclusion
simply
mistaken
american
rejection
mandatory
death
sentence
statutes
might
possibly
ascribable
maverick
juries
jurors
post
rehnquist
dissenting
see
roberts
louisiana
post
white
dissenting
since
acquittals
less
convictions
required
unanimity
citizens
moral
reservations
concerning
death
penalty
regularly
excluded
capital
juries
seems
hardly
conceivable
persistent
refusal
american
juries
convict
palpably
guilty
defendants
capital
offenses
mandatory
death
sentence
statutes
merely
represented
intransigence
small
minority
jurors
post
rehnquist
dissenting
moreover
dissenting
opinions
simply
ignore
experience
discretionary
death
sentence
statutes
indicating
juries
reflecting
contemporary
community
values
witherspoon
illinois
found
death
penalty
appropriate
small
minority
convicted
murderers
see
supra
think
evident
uniform
assessment
historical
record
members
beginning
winston
continuing
dissenting
opinions
chief
justice
justice
blackmun
four
years
ago
furman
see
supra
provides
far
cogent
persuasive
explanation
american
rejection
mandatory
death
sentences
speculations
today
dissenting
opinions
see
supra
see
gregg
georgia
ante
justice
rehnquist
dissenting
opinion
proceeds
faulty
premise
hold
gregg
georgia
ante
penalty
death
invariably
cruel
unusual
punishment
crime
murder
must
proportionate
appropriate
punishment
every
murderer
regardless
circumstances
crime
character
record
offender
see
post
determination
death
sentences
case
imposed
procedures
violated
constitutional
standards
makes
unnecessary
reach
question
whether
imposition
death
penalty
petitioner
woodson
disproportionate
nature
involvement
capital
offense
independently
violate
eighth
fourteenth
amendments
see
gregg
georgia
ante
justice
brennan
concurring
judgment
reasons
stated
dissenting
opinion
gregg
georgia
ante
concur
judgment
sets
aside
death
sentence
imposed
north
carolina
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
justice
white
chief
justice
justice
rehnquist
join
dissenting
following
furman
georgia
north
carolina
considered
effect
case
north
carolina
criminal
statutes
imposed
death
penalty
murder
crimes
provided
time
rendering
verdict
open
jury
shall
recommend
punishment
shall
imprisonment
life
state
prison
shall
instruct
jury
state
waddell
determined
furman
georgia
invalidated
proviso
giving
jury
power
limit
penalty
life
imprisonment
thenceforward
death
mandatory
penalty
specified
capital
crimes
thereafter
stat
amended
eliminate
express
dispensing
power
jury
add
kidnaping
underlying
felonies
death
specified
penalty
amended
section
reads
follows
murder
shall
perpetrated
means
poison
lying
wait
imprisonment
starving
torture
kind
willful
deliberate
premeditated
killing
shall
committed
perpetration
attempt
perpetrate
arson
rape
robbery
kidnapping
burglary
felony
shall
deemed
murder
first
degree
shall
punished
death
kinds
murder
shall
deemed
murder
second
degree
shall
punished
imprisonment
term
less
two
years
life
imprisonment
state
prison
facts
record
proceedings
case
leading
petitioners
convictions
murder
death
sentences
appear
opinion
justice
stewart
justice
powell
justice
stevens
issues
case
similar
identical
roberts
louisiana
post
reasons
stated
dissenting
opinion
case
reject
petitioners
arguments
death
penalty
circumstances
violation
eighth
amendment
north
carolina
statute
although
making
imposition
death
penalty
mandatory
upon
proof
guilt
verdict
murder
nevertheless
result
death
penalty
imposed
seldom
arbitrarily
void
furman
georgia
also
apparent
dissenting
opinion
roberts
louisiana
also
disagree
two
additional
grounds
plurality
sua
sponte
offers
invalidating
north
carolina
statute
affirm
judgment
north
carolina
justice
blackmun
dissenting
dissent
reasons
set
forth
dissent
furman
georgia
dissenting
opinions
joined
case
justice
rehnquist
dissenting
difficulties
attend
plurality
explanation
result
reaches
tend
first
obscure
difficulties
least
significant
inhere
unarticulated
premises
necessarily
underlying
explanation
advert
latter
briefly
order
devote
major
following
portion
dissent
issues
plurality
actually
considers
original
proposition
means
clear
prohibition
cruel
unusual
punishments
embodied
eighth
amendment
made
applicable
fourteenth
amendment
robinson
california
limited
punishments
deemed
cruel
unusual
time
adoption
bill
rights
mcgautha
california
opinion
black
weems
dealing
eighth
amendment
identical
provision
contained
philippine
constitution
plurality
opinion
trop
dulles
taken
indicating
contrary
surely
weighed
statements
cases
wilkerson
utah
kemmler
louisiana
ex
rel
francis
resweber
plurality
opinion
trop
infliction
capital
punishment
violative
cruel
unusual
punishments
clause
thus
plurality
begin
analysis
assumption
need
demonstrate
evolving
standards
decency
show
contemporary
society
rejected
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