ring arizona argued april decided june petitioner ring arizona trial murder related offenses jury deadlocked premeditated murder found ring guilty felony murder occurring course armed robbery arizona law ring sentenced death statutory maximum penalty murder unless findings made judge conducting separate sentencing hearing judge stage must determine existence nonexistence statutorily enumerated aggravating circumstances mitigating circumstances death sentence may imposed judge finds least one aggravating circumstance mitigating circumstances sufficiently substantial call leniency following hearing ring trial judge sentenced death jury convicted ring felony murder premeditated murder ring eligible death penalty inter alia victim actual killer see enmund florida citing accomplice testimony sentencing hearing judge found ring killer judge found two aggravating factors one offense committed pecuniary gain well one mitigating factor ring minimal criminal record ruled latter call leniency appeal ring argued arizona capital sentencing scheme violates sixth amendment jury trial guarantee entrusting judge finding fact raising defendant maximum penalty see jones apprendi new jersey state responded upheld arizona system walton arizona stated apprendi walton remained good law arizona observed apprendi jones cast doubt walton continued viability found apprendi majority interpretation arizona law wanting justice apprendi dissent arizona noted correctly described capital sentencing works state defendant receive death sentence unless judge makes factual determination statutory aggravating factor exists nevertheless recognizing bound supremacy clause apply walton decision overruled arizona rejected ring constitutional attack upheld trial finding pecuniary gain aggravating factor reweighed factor ring lack serious criminal record affirmed death sentence held walton apprendi irreconcilable sixth amendment jurisprudence home accordingly walton overruled extent allows sentencing judge sitting without jury find aggravating circumstance necessary imposition death penalty see arizona enumerated aggravating factors operate functional equivalent element greater offense apprendi sixth amendment requires found jury pp upholding arizona capital sentencing scheme charge violated sixth amendment walton ruled aggravating factors elements offense sentencing considerations guiding choice life death held constitutional bar appellate finding defendant killed attempted kill intended kill enmund supra required imposition death penalty cases constitution require enmund finding proved element capital murder offense jury make finding walton stated concluded state must denominate aggravating circumstances elements offense commit jury judge determination existence circumstances subsequently suggested jones fact prior conviction increases maximum penalty crime must submitted jury distinguished walton characterized finding aggravating facts context capital sentencing choice greater lesser penalty process raising sentencing range ceiling pp apprendi sentencing judge finding racial animus motivated petitioner weapons offense triggered application state hate crime enhancement doubled maximum authorized sentence held sentence enhancement violated apprendi right jury determination whether guilty every element crime charged beyond reasonable doubt right attached apprendi weapons offense also hate crime aggravating circumstance dispositive question said one form effect state makes increase defendant authorized punishment contingent finding fact fact matter state labels must found jury beyond reasonable doubt see defendant may exposed penalty exceeding maximum receive punished according facts reflected jury verdict alone walton reconciled apprendi asserted key distinction arizona murder conviction carried maximum sentence death jury found defendant guilty elements offense carries death maximum penalty may left judge decide whether maximum penalty rather lesser one imposed dissent apprendi justice described demonstrably untrue majority assertion jury makes findings necessary expose defendant death sentence defendant emphasized receive death sentence unless judge makes critical factual determination statutory aggravating factor exists walton justice dissent insisted followed required uphold apprendi sentence pp given arizona finding apprendi dissent portrayal arizona capital sentencing law precisely right recognizing arizona construction state law authoritative see mullaney wilbur persuaded walton relevant part survive apprendi reasoning effort reconcile capital sentencing system sixth amendment interpreted apprendi arizona first restates apprendi majority ruling arizona law specifies death life imprisonment sentencing options murder ring convicted sentenced within range punishment authorized jury verdict argument overlooks apprendi instruction relevant inquiry one effect form legislature responded decision adding element held constitutionally required surely sixth amendment guarantee apply element reason differentiate capital crimes others regard arizona suggestion judicial authority finding aggravating factors may better way guarantee arbitrary imposition death penalty unpersuasive sixth amendment jury trial right turn relative rationality fairness efficiency potential factfinders apprendi pp reversed remanded ginsburg delivered opinion stevens scalia kennedy souter thomas joined scalia filed concurring opinion thomas joined kennedy filed concurring opinion breyer filed opinion concurring judgment filed dissenting opinion rehnquist joined timothy stuart ring petitioner arizona writ certiorari arizona june justice ginsburg delivered opinion case concerns sixth amendment right jury trial capital prosecutions arizona following jury adjudication defendant guilt murder trial judge sitting alone determines presence absence aggravating factors required arizona law imposition death penalty walton arizona held arizona sentencing scheme compatible sixth amendment additional facts found judge qualified sentencing considerations element offense capital murder ten years later however decided apprendi new jersey held sixth amendment permit defendant expose penalty exceeding maximum receive punished according facts reflected jury verdict alone prescription governs apprendi determined even state characterizes additional findings made judge sentencing factor apprendi reasoning irreconcilable walton holding regard today overrule walton relevant part capital defendants less defendants conclude entitled jury determination fact legislature conditions increase maximum punishment trial petitioner timothy ring murder armed robbery related charges prosecutor presented evidence sufficient permit jury find facts recounted november wells fargo armored van pulled dillard department store arrowhead mall glendale arizona tr courier dave moss left van pick money inside store returned van driver john magoch gone later day maricopa county sheriff deputies found van doors locked engine running parking lot church sun city arizona inside vehicle found magoch dead single gunshot head according wells fargo records cash checks missing van prompted informant tip glendale police sought determine whether ring friend james greenham involved robbery police investigation revealed two made several expensive cash purchases december early wiretaps placed telephones ring greenham third suspect william ferguson one recorded phone conversation ring told ferguson ring might cu greenham much risk greenham indiscreetly flaunted new truck front state exh pp ring said cut associate held greenham mine police engineered local news broadcast robbery investigation included account several intentional inaccuracies tr hearing broadcast report ring left message greenham answering machine remind talk tomorrow tell news tonight important also fairly good state exh detective left note greenham door asking call tr ring told ferguson puzzled attention police trained greenham house clean ring said ine hand contains large bag state exh february police furnished staged reenactment robbery local news included deliberate inaccuracies tr ferguson told ring laughed saw broadcast ring called humorous state exh ferguson said real worried ring however said slightly concern ed possibility police might eventually ask hair samples two days later police executed search warrant ring house discovering duffel bag garage containing cash tr also found note number followed word splits letters prosecution asserted ferguson yoda greenham nickname timothy ring testifying defense ring said money seized house startup capital construction company greenham planning form ring testified made share money confidential informant federal bureau investigation bail bondsman gunsmith fbi agent testified ring paid evidence showed ring made bail bondsman trial judge instructed jury alternative charges premeditated murder felony murder jury deadlocked premeditated murder jurors voting acquit convicted ring felony murder occurring course armed robbery see rev stat ann west person commits first degree murder cting either alone one persons person commits attempts commit one several enumerated felonies course furtherance offense immediate flight offense person another person causes death person homicide prescribed provision requires specific mental state required commission enumerated later summed arizona evidence admitted trial failed prove beyond reasonable doubt ring major participant armed robbery actually murdered magoch although clear evidence connected ring robbery proceeds nothing submitted trial put scene robbery see ibid furthermore know trial evidence arizona stated ring participate plan even expect killing lack evidence doubt explains jury found ring guilty felony premeditated murder ibid arizona law ring sentenced death statutory maximum penalty murder unless findings made state murder statute prescribes offense punishable death life imprisonment provided rev stat ann west section directs judge presided trial conduct separate sentencing hearing determine existence nonexistence certain enumerated circumstances purpose determining sentence imposed west supp statute instructs hearing shall conducted alone alone shall make factual determinations required section constitution state ibid conclusion sentencing hearing judge determine presence absence enumerated aggravating circumstances mitigating circumstances state law authorizes judge sentence defendant death least one aggravating circumstance mitigating circumstances sufficiently substantial call leniency ring trial sentencing hearing greenham pleaded guilty murder armed robbery stipulated year sentence agreed cooperate prosecution cases ring ferguson tr called prosecution ring sentencing hearing greenham testified ring ferguson planning robbery several weeks occurred according greenham ring guess taken role leader laid tactics day robbery greenham said three watched armored van pull mall magoch opened door smoke cigarette ring shot rifle equipped homemade silencer greenham pushed magoch body aside drove van away ring direction greenham drove church parking lot ring transferred money ring truck later greenham recalled three robbers dividing money ring upbraided ferguson forgetting congratulate ring shot greenham acknowledged previously told ring counsel ring nothing planning execution robbery greenham explained made prior statement ring threatened life greenham also acknowledged testifying ring pay back threats ring interference greenham relationship greenham october trial judge entered special verdict sentencing ring death ring convicted felony murder premeditated murder judge recognized ring eligible death penalty magoch actual killer major participant armed robbery led killing exhibited reckless disregard indifference human life app pet cert see enmund florida eighth amendment requires finding defendant killed attempted kill tison arizona qualifying enmund holding eighth amendment permits execution defendant kill attempt kill major participa nt felony committed demonstrated reckless indifference human life citing greenham testimony sentencing hearing judge concluded ring one shot killed mr magoch app pet cert judge also found ring major participant robbery armed robbery unquestionably crime carries grave risk death ibid judge turned determination aggravating mitigating circumstances see found two aggravating factors first judge determined ring committed offense expectation receiving something pecuniary value described aking cash armored car motive reason magoch murder result app pet cert second judge found offense committed especially heinous cruel depraved manner ibid support finding cited ring comment reported greenham sentencing hearing expressing pride marksmanship judge found one nonstatutory mitigating factor ring minimal criminal record judgment mitigating circumstance call leniency therefore sentenced ring death appeal ring argued arizona capital sentencing scheme violates sixth fourteenth amendments constitution entrusts judge finding fact raising defendant maximum penalty see jones apprendi new jersey state response noted upheld arizona system walton arizona stated apprendi walton remained good law reviewing death sentence arizona made two preliminary observations apprendi jones arizona high said raise question continued viability walton examined apprendi majority interpretation arizona law found wanting apprendi arizona noted described arizona sentencing system one requir es judges jury verdict holding defendant guilty capital crime find specific aggravating factors imposing sentence death system permits judge determine existence factor makes crime capital offense quoting apprendi justice apprendi dissent arizona noted squarely rejected apprendi majority characterization arizona sentencing scheme defendant convicted murder arizona receive death sentence unless judge makes factual determination statutory aggravating factor exists without critical finding maximum sentence defendant exposed life imprisonment death penalty quoting apprendi reciting divergent constructions arizona law apprendi arizona described capital sentencing fact works state arizona high concluded present case precisely described justice dissent apprendi defendant death sentence required judge factual findings although agreed apprendi dissent reading arizona law arizona understood bound supremacy clause apply walton overruled therefore rejected ring constitutional attack state capital murder judicial sentencing system agreed ring evidence insufficient support aggravating circumstance depravity upheld trial finding aggravating factor pecuniary gain arizona reweighed remaining factor sole mitigating circumstance ring lack serious criminal record affirmed death sentence granted ring petition writ certiorari allay uncertainty lower courts caused manifest tension walton reasoning apprendi see promise en banc calling continued authority walton light apprendi perplexing hoffman arave apprendi may raise doubt walton people kaczmarek app hile appears apprendi extends greater constitutional protections noncapital rather capital defendants endorsed precise principle position secondguess decision reverse judgment arizona ii based solely jury verdict finding ring guilty felony murder maximum punishment received life imprisonment see citing rev stat arizona death sentence may legally imposed unless least one aggravating factor found exist beyond reasonable doubt citing question presented whether aggravating factor may found judge arizona law specifies whether sixth amendment jury trial made applicable fourteenth amendment requires aggravating factor determination entrusted earlier indicated see supra first time considered constitutionality arizona capital sentencing system walton arizona upheld arizona scheme charge violated sixth amendment previously denied sixth amendment challenge florida capital sentencing system jury recommends sentence makes explicit findings aggravating circumstances ruled walton noted ground sixth amendment require specific findings authorizing imposition sentence death made jury quoting hildwin florida per curiam walton found unavailing attempts case distinguish florida capital sentencing system arizona neither state according walton aggravating factors elements offense ranked sentencing considerations guiding choice life death internal quotation marks omitted walton drew support cabana bullock held constitutional bar appellate finding defendant killed attempted kill intended kill enmund florida required imposition death penalty cases enmund finding made walton maintained entailed element crime capital place substantive limitation sentencing quoting cabana constitution require enmund finding proved element offense capital murder require jury make finding walton stated conclude state required denominate aggravating circumstances elements offense permit jury determine existence circumstances dissent walton justice stevens urged sixth amendment requires jury determination facts must established death penalty may imposed aggravators operate statutory elements capital murder arizona law reasoned absence death sentence unavailable th question posed sixth amendment became law justice stevens said answer clear time english jury role determining critical facts homicide cases entrenched jury power determine whether defendant guilty homicide also degree offense moreover jury role finding facts determine homicide defendant eligibility capital punishment particularly well established throughout history jury determined homicide defendants subject capital punishment making factual determinations many related difficult assessments defendant state mind time bill rights adopted jury right make determinations unquestioned quoting white death penalty scope capital defendant right jury trial notre dame rev walton revisited jones case construed federal carjacking statute ed supp time criminal conduct issue provided person possessing firearm takes motor vehicle person presence another force violence intimidation shall imprisoned years serious bodily injury results imprisoned years death results imprisoned number years life question presented jones whether statute defined three distinct offenses single crime choice three maximum penalties two dependent sentencing factors exempt requirements charge jury verdict carjacking statute recognized susceptible constructions adopted one avoided grave doubtful constitutional questions quoting ex rel attorney general delaware hudson section held established three separate offenses therefore facts causation serious bodily injury death necessary trigger escalating maximum penalties fell within jury province decide see jones responding dissenting opinion jones restated succinctly principle animating view carjacking statute read define single crime might violate constitution nder due process clause fifth amendment notice jury trial guarantees sixth amendment fact prior conviction increases maximum penalty crime must charged indictment submitted jury proven beyond reasonable doubt jones endeavored distinguish certain capital sentencing decisions including walton advancing careful reading walton rationale jones said walton characterized finding aggravating facts falling within traditional scope capital sentencing choice greater lesser penalty process raising ceiling sentencing range available dissenting jones justice kennedy questioned account walton aggravating factors issue walton suggested merely circumstances consideration trial judge exercising sentencing discretion within statutory range penalties relevant arizona statute justice kennedy observed walton sentenced death unless trial judge found least one enumerated aggravating factors absent finding maximum potential punishment provided law term imprisonment tion omitted jones justice kennedy concluded cast doubt needlessly view vitality walton constitutionally impermissible allow judge finding increase maximum punishment carjacking years clear judge finding may increase maximum punishment murder imprisonment death fact walton appear better candidate new approach instant case one year jones decided apprendi new jersey case convicted inter alia possession firearm offense carrying maximum penalty ten years new jersey law see prosecutor motion sentencing judge found preponderance evidence apprendi crime motivated racial animus finding triggered application new jersey hate crime enhancement doubled apprendi maximum authorized sentence judge sentenced apprendi years prison years maximum applied enhancement held apprendi sentence violated right jury determination guilty every element crime charged beyond reasonable doubt quoting gaudin right attached apprendi weapons offense also hate crime aggravating circumstance new jersey observed threatened apprendi certain pains unlawfully possessed weapon additional pains selected victims purpose intimidate race apprendi merely using label sentence enhancement describe second act surely provide principled basis treating two acts differently ibid dispositive question said one form effect state makes increase defendant authorized punishment contingent finding fact fact matter state labels must found jury beyond reasonable doubt see defendant may expose penalty exceeding maximum receive punished according facts reflected jury verdict alone see also scalia concurring facts must exist order subject defendant legally prescribed punishment must found walton reconciled apprendi finally asserted key distinction according apprendi conviction murder arizona carried maximum sentence death nce jury found defendant guilty elements offense carries maximum penalty sentence death may left judge decide whether maximum penalty rather lesser one imposed scalia dissenting apprendi dissenters called distinction walton baffling opinion claimed jury makes findings necessary expose defendant death sentence ibid dissent said demonstrably untrue defendant convicted murder arizona receive death sentence unless judge makes factual determination statutory aggravating factor exists without critical finding maximum sentence defendant exposed life imprisonment death penalty ibid walton apprendi dissenters insisted properly followed required uphold apprendi sentence state remove jury factual determination makes difference life death walton holds inconceivable state respect factual determination results increase maximum sentence defendant exposed opinion arizona earlier recounted see supra found apprendi majority portrayal arizona capital sentencing law incorrect description justice dissent precisely right defendant death sentence required judge factual findings recognizing arizona construction state law authoritative see mullaney wilbur persuaded walton relevant part survive reasoning apprendi effort reconcile capital sentencing system sixth amendment interpreted apprendi arizona first restates apprendi majority portrayal arizona system ring convicted murder arizona law specifies death life imprisonment sentencing options see rev stat ann west ring therefore sentenced within range punishment authorized jury verdict see brief respondent argument overlooks apprendi instruction relevant inquiry one form effect effect required finding aggravated circumstance expose ring greater punishment authorized jury guilty verdict ibid see arizona murder statute authorizes maximum penalty death formal sense apprendi dissenting explicitly statutory provision requiring finding aggravating circumstance imposition death penalty see first degree murder class felony punishable death life imprisonment provided emphasis added arizona prevailed opening argument apprendi reduced meaningless formalistic rule statutory drafting see dissenting arizona also supports distinction relied upon walton elements offense sentencing factors see supra tr oral arg elevation maximum punishment however apprendi renders argument untenable apprendi repeatedly instructs context characterization fact circumstance element sentencing factor determinative question decides judge jury see noting new jersey contention required finding biased purpose element distinct hate crime offense rather traditional sentencing factor motive calling argument nothing disagreement rule apply today hen term sentence enhancement used describe increase beyond maximum authorized statutory sentence functional equivalent element greater offense one covered jury guilty verdict erely state legislature placed hate crime sentence enhancer within sentencing provisions criminal code mean finding biased purpose intimidate essential element offense internal quotation marks omitted see also thomas concurring legislature defines core crime provides increasing punishment crime upon finding aggravating fact core crime aggravating fact together constitute aggravated crime much grand larceny aggravated form petit larceny aggravating fact element aggravated even facts increasing punishment beyond maximum authorized guilty verdict standing alone ordinarily must found jury arizona urges aggravating circumstances necessary trigger death sentence may nonetheless reserved judicial determination arizona counsel maintained oral argument doubt eath different tr oral arg constructed elaborate sentencing procedures death cases arizona emphasizes constraints said eighth amendment places capital sentencing brief respondent citing furman georgia per curiam see also maynard cartwright since furman cases insisted channeling limiting sentencer discretion imposing death penalty fundamental constitutional requirement sufficiently minimizing risk wholly arbitrary capricious action apprendi thomas concurring area capital punishment unlike area imposed special constraints legislature ability determine facts shall lead punishment restricted legislature ability define apart eighth amendment provenance aggravating factors arizona presents specific reason excepting capital defendants constitutional protections extend ed defendants generally none readily apparent dissenting notion eighth amendment restriction state legislature ability define capital crimes compensated permitting leeway fifth sixth amendments proving aggravating fact necessary capital sentence without precedent constitutional jurisprudence ibid various settings interpreted constitution require addition element elements definition criminal offense order narrow scope see lopez suggesting addition federal gun possession statute express jurisdictional element requiring connection weapon interstate commerce render statute constitutional commerce clause brandenburg ohio per curiam first amendment prohibits proscrib ing advocacy use force law violation except advocacy directed inciting producing imminent lawless action likely incite produce action lambert california due process clause fourteenth amendment requires actual knowledge duty register proof probability knowledge may convicted failing register presence municipality legislature responded one decisions adding element held constitutionally required surely sixth amendment guarantee apply element see reason differentiate capital crimes others regard arizona suggests judicial authority finding aggravating factors may better way guarantee arbitrary imposition death penalty tr oral arg sixth amendment jury trial right however turn relative rationality fairness efficiency potential factfinders entrusting judge finding facts necessary support death sentence might admirably fair efficient scheme criminal justice designed society prepared leave criminal justice state founders american republic prepared leave state guarantee one least controversial provisions bill rights never efficient always free apprendi scalia concurring event superiority judicial factfinding capital cases far evident unlike arizona great majority responded eighth amendment decisions requiring presence aggravating circumstances capital cases entrusting determinations although doctrine stare decisis fundamental importance rule law ur precedents sacrosanct patterson mclean credit union quoting welch texas dept highways public overruled prior decisions necessity propriety established satisfied case reasons stated hold walton apprendi irreconcilable sixth amendment jurisprudence home accordingly overrule walton extent allows sentencing judge sitting without jury find aggravating circumstance necessary imposition death penalty see arizona enumerated aggravating factors operate functional equivalent element greater offense apprendi sixth amendment requires found jury guarantees jury trial federal state constitutions reflect profound judgment way law enforced justice administered defendant preferred judgment jury tutored perhaps less sympathetic reaction single judge duncan louisiana right trial jury guaranteed sixth amendment senselessly diminished encompassed factfinding necessary increase defendant sentence two years factfinding necessary put death hold sixth amendment applies judgment arizona therefore reversed case remanded proceedings inconsistent ordered timothy stuart ring petitioner arizona writ certiorari arizona june justice scalia justice thomas joins concurring question whether walton arizona survives decision apprendi new jersey confronts difficult choice compelled arizona many specify particular aggravating factors must found death penalty imposed see sess laws ch originally codified rev stat line cases beginning furman georgia per curiam see walton rehnquist dissenting therefore reluctant magnify burdens furman jurisprudence imposes better invented evidentiary requirement judge find preponderance evidence invent one unanimous jury must find beyond reasonable doubt hand wrote dissent reaffirmed joining opinion apprendi believe fundamental meaning guarantee sixth amendment facts essential imposition level punishment defendant receives whether statute calls elements offense sentencing factors mary jane must found jury beyond reasonable doubt quandary apparent continue apply principle know reason fact essential mistakenly said constitution requires state law impose aggravating factors walton tell truth sixth amendment claim put clarity obtained apprendi appellant argued found jury facts essential imposition death penalty rather every finding fact underlying sentencing decision including aggravating factors without penalty imposed also mitigating factors might induce sentencer give lesser punishment emphasis added even point put greater clarity walton think still approved arizona scheme favored freedom develop capital sentencing procedures already erroneously abridged furman logic apprendi principle since walton acquired new wisdom consists two realizations put critically discarded old ignorance consisted failure realize two things first impossible identify certainty aggravating factors whose adoption wrongfully coerced furman opposed state adopted event example already requirements capital murder murder peace officer see laws originally codified penal law furman decided state added aggravating factors new ones product furman old ones even previously requirements say adoption new one today matter even retention old ones adopted immediately still product case changed social belief murder simpliciter deserve death second important observing past years accelerating propensity state federal legislatures adopt sentencing factors determined judges increase punishment beyond authorized jury verdict witnessing belief near majority colleagues novel practice perfectly ok see apprendi supra dissenting cause believe people traditional belief right trial jury perilous decline decline bound confirmed indeed accelerated repeated spectacle man going death judge found aggravating factor existed preserve veneration protection jury criminal cases render callous need protection regularly imposing death penalty without accordingly whether erroneously coerced adoption aggravating factors wherever factors exist must subject usual requirements common law requirement enshrined constitution criminal cases must found jury beyond reasonable doubt add one point lest holding today decision confused separate concurrence justice breyer refuses accept apprendi see breyer dissenting see also harris ante breyer concurring part concurring judgment nonetheless concurs today judgment believe jury sentencing capital cases mandated eighth amendment post opinion concurring judgment always pleased travel justice breyer company unfortunate fact today judgment nothing jury sentencing today decision says jury must find existence fact aggravating factor existed leave ultimate decision judge may continue requiring prior jury finding aggravating factor sentencing phase simply placing determination logically belongs anyway guilt phase really way justice breyer travel happy band reaches today result unless says yes apprendi concisely put justice breyer wrong flight either get doors close buy ticket timothy stuart ring petitioner arizona writ certiorari arizona june justice kennedy concurring though still view apprendi new jersey wrongly decided apprendi law holding must implemented principled way suggests principled reading apprendi allow walton arizona stand beyond question penalty phase murder prosecution arizona finding aggravating circumstance exposes defendant greater punishment authorized jury guilty verdict apprendi supra finding effect apprendi makes clear reserved judge say apprendi extended without caution settled expectations deserve respect sound understanding sixth amendment allow respond needs realities criminal justice administration apprendi read leaving place many reforms designed reduce unfairness sentencing agree however apprendi walton stand together law observations join opinion timothy stuart ring petitioner arizona writ certiorari arizona june justice breyer concurring judgment given views apprendi new jersey dissenting opinion harris ante breyer concurring part concurring judgment join opinion concur judgment however believe jury sentencing capital cases mandated eighth amendment ii held eighth amendment requires apply special procedural safeguards seek death penalty gregg georgia otherwise constitutional prohibition cruel unusual punishments forbid use furman georgia per curiam justice stevens written safeguards include requirement jury impose sentence death harris alabama dissenting opinion spaziano florida stevens joined brennan marshall concurring part dissenting part although joined majority harris alabama come agree dissenting view related views others upon part relies see gregg supra opinion stewart powell stevens cf henslee union planters nat bank trust frankfurter dissenting wisdom often never comes one reject merely comes late therefore conclude eighth amendment requires jury judge make decision sentence defendant death convinced reasons justice stevens given include belief retribution provides main justification capital punishment assessment jury comparative advantage determining particular case whether capital punishment serve end first note continued difficulty justifying capital punishment terms ability deter crime incapacitate offenders rehabilitate criminals studies deterrence inconclusive see sorenson wrinkle brewer marquart capital punishment deterrence examining effect executions murder texas crime delinquency evidence deterrent effect bonner fessenden absence executions special report death penalty share lower homicide rates times last years homicide rate death penalty higher see also radelet akers deterrence death penalty views experts crim criminologists believe existing research fails support deterrence justification incapacitation offenders sentenced life without parole alternative death commit crimes see sorensen pilgrim actuarial risk assessment violence posed capital murder defendants crim studies find average repeat murder rate among murderers whose death sentences commuted marquart sorensen national study inmates assessing threat society capital offenders loyola la rev kill either prison free society see roberts louisiana white dissenting eath finally forecloses possibility prisoner commit crimes whereas life imprisonment rehabilitation obviously beside point respect retribution jurors possess important comparative advantage judges principle attuned community moral sensibility spaziano better able determine particular case need retribution namely expression community belief certain crimes grievous affront humanity adequate response may penalty death gregg supra joint opinion stewart powell stevens fact judges democratically elected likely change jury comparative advantage respect even jurisdictions judges selected directly people jury remains uniquely capable determining whether given community views capital punishment appropriate particular case hand see harris supra stevens dissenting see also liebman et broken system part ii much error capital cases done hereinafter broken system finding judges override jury verdicts life especially likely commit serious errors cf epstein king rules inference chi rev noting dangers much scholarly research generally approving liebman importance trying translate community sense capital punishment appropriateness particular case underscored continued division opinion whether capital punishment circumstances currently administered cruel unusual make claim point among things fact death reversible death sentences imposed upon whose convictions proved unreliable see weinstein nation death penalty foes mark milestone crime arizona convict freed dna tests said known condemned prisoner exonerated since executions resumed los angeles times apr ryan governor illinois report governor commission capital punishment apr imposing moratorium illinois executions people exonerated executed see generally bedau radelet miscarriages justice potentially capital cases stan rev point potentially arbitrary application death penalty adding race victim factors seem matter see general accounting office report senate house committees judiciary death penalty sentencing synthesis studies shows pattern evidence indicating racial disparities charging sentencing imposition death penalty baldus woodworth zuckerman weiner broffitt racial discrimination death penalty era empirical legal overview recent findings philadelphia cornell rev evidence disparities studied disparities mccleskey kemp brennan dissenting see also baldus woodworth young christ disposition nebraska capital homicide cases legal empirical analysis death sentences almost five times likely victim high status argue delays increasingly accompany sentences death make sentences unconstitutional suffering inherent prolonged wait execution knight florida breyer dissenting denial certiorari arguing consider question see lackey texas stevens respecting denial certiorari bureau justice statistics capital punishment pp rev average delay years people waiting years point inadequacy representation capital cases fact aggravates failings see bright counsel poor death sentence worst crime worst lawyer yale describing many studies discussing deficient capital representation note nations increasingly abandoned capital punishment see san martin taken task death penalty miami herald may western industrialized nation authorizes death penalty amnesty international website death penalty facts figures death penalty http since gregg countries either abandoned penalty altogether reserved exceptional crimes like wartime crimes carried executions least past years deyoung group criticizes detainee policy amnesty warns human rights fallout washington post may rates fourth number executions china iran saudi arabia many communities may accepted claims impose capital sentences see broken system app table american counties never imposed death penalty since gregg nation counties account nation death sentences leaving questions arbitrariness aside diversity argues strongly procedures help assure particular case community indeed believes application death penalty appropriate cruel unusual otherwise unwarranted reasons danger unwarranted imposition penalty avoided unless decision impose death penalty made jury rather single governmental official spaziano eighth amendment prohibits excessive disproportionate punishment conclude eighth amendment requires individual jurors make take responsibility decision sentence person death timothy stuart ring petitioner arizona writ certiorari arizona june justice chief justice joins dissenting understand holds reasoning apprendi new jersey irreconcilable walton arizona yet choosing overrule choose apprendi walton continue believe reasons articulated dissent apprendi decision apprendi serious mistake argued dissent apprendi rule fact increases maximum penalty must treated element crime required constitution history prior cases see walton supra ignores significant history country discretionary sentencing judges dissenting failed apprendi decision announced today offer meaningful justification deviating years cases suggesting holding application increase maximum penalty rule required constitution decision apprendi unjustified view also severely destabilizing effect criminal justice system predicted dissent decision unleash flood petitions convicted defendants seeking invalidate sentences whole part authority apprendi may less two years apprendi announced courts appeals decided approximately criminal appeals defendants challenged sentences cases even convictions federal appeals likely tip iceberg federal criminal prosecutions represent tiny fraction total number criminal prosecutions nationwide see ibid dissenting federal criminal prosecutions represented total number criminal prosecutions federal state courts number second successive habeas corpus petitions filed federal courts also increased phenomenon administrative office courts attributes prisoners bringing apprendi claims administrative office courts judicial business similarly overwhelmed aftershocks apprendi survey petitions certiorari received past year indicates raised simply beyond dispute apprendi threw countless criminal sentences doubt thereby caused enormous increase workload already overburdened judiciary decision today going add already serious effects effectively declares five capital sentencing schemes unconstitutional see ante identifying colorado idaho montana nebraska sentencing schemes like arizona prisoners death row criminal justice project naacp legal defense educational fund death row spring likely challenge death sentence believe many challenges ultimately unsuccessful either prisoners unable satisfy standards harmless error plain error review completed direct appeals barred taking advantage today holding federal collateral review see teague lane nonetheless need evaluate claims greatly burden courts five addition fear prisoners death row alabama delaware florida indiana identifies hybrid sentencing schemes jury renders advisory verdict judge makes ultimate sentencing determination see ante may also seize today decision challenge sentences prisoners death row criminal justice project supra expanding apprendi today exacerbates harm done case consistent dissent overrule apprendi rather walton footnotes aggravating circumstances enumerated rev stat ann west supp defendant convicted another offense arizona law sentence life imprisonment death imposable defendant previously convicted serious offense whether prepatory completed commission offense defendant knowingly created grave risk death another person persons addition person murdered commission offense defendant procured commission offense payment promise payment anything pecuniary value defendant committed offense consideration receipt expectation receipt anything pecuniary value defendant committed offense especially heinous cruel depraved manner defendant committed offense custody authorized unauthorized release state department corrections law enforcement agency county city jail defendant convicted one homicides defined committed commission offense defendant adult time offense committed tried adult murdered person fifteen years age seventy years age older murdered person duty peace officer killed course performing official duties defendant knew known murdered person peace officer statute enumerates certain mitigating circumstances enumeration exclusive shall consider mitigating circumstances factors proffered defendant state relevant determining whether impose sentence less death criminal prosecutions accused shall enjoy right trial impartial jury ring claim tightly delineated contends sixth amendment required jury findings aggravating circumstances asserted aggravating circumstance related past convictions case ring therefore challenge held fact prior conviction may found judge even increases statutory maximum sentence makes sixth amendment claim respect mitigating circumstances see apprendi new jersey noting distinction often recognized facts aggravation punishment facts mitigation citation omitted argue sixth amendment required jury make ultimate determination whether impose death penalty see proffitt florida plurality opinion never suggested jury sentencing constitutionally question arizona authority reweigh aggravating mitigating circumstances struck one aggravator see clemons mississippi finally ring contend indictment constitutionally defective see apprendi fourteenth amendment construed include fifth amendment right presentment indictment grand harris ante majority concludes distinction elements sentencing factors continues meaningful facts increasing minimum sentence see ante plurality opinion factual finding apprendi extended power judge allowing impose punishment exceeding authorized jury finding triggers mandatory minimum sentence restrain judge power limiting choices within authorized range quite consistent maintain former type fact must submitted jury latter need ante breyer concurring part concurring judgment sixth amendment permits judges apply sentencing factors whether factors lead sentence beyond statutory maximum apprendi application mandatory minimum capital punishment generally commit sentencing decisions juries see ark code ann cal penal code ann west stat code ann supp comp stat ch west stat ann rev stat ann la code crim proc art west md ann code art miss code ann mo rev stat supp rev stat ann michie rev stat ann ii stat ann supp stat ann crim proc law mckinney supp stat ohio rev code ann west okla tit supp rev stat ann cons stat supp code ann codified laws code ann supp tex code crim proc art vernon supp utah code ann supp code ann rev code wyo stat ann arizona four commit capital sentencing factfinding ultimate sentencing decision entirely judges see rev stat panel idaho code supp mont code ann neb rev stat four hybrid systems jury renders advisory verdict judge makes ultimate sentencing determinations see code del code tit stat ann west ind code ann supp reach state assertion error harmless pecuniary gain finding implicit jury guilty verdict see neder ordinarily leaves lower courts pass harmlessness error first instance footnotes data obtained westlaw search conducted may courts appeals database using following search terms apprendi new jersey title specific counts file clerk