Changes

889 bytes added , 13:04, August 12, 2007

good anti-stare decisis case

In ''Payne v. Tennessee'', 501 U.S. 808 (1991), the [[U.S. Supreme Court]] allowed victim impact statements during the punishment phase of a capital murder case, such that the Court upheld the [[death penalty]] imposed by the jury after it heard a family member testify at sentencing about the impact of the crime. The crime was brutal murder of a woman and her child after the defendant had consumed alcohol, cocaine, and read pornography.

This 6-3 decision expressly overruled two decisions issued just a few years earlier, which had held "that the [[Eighth Amendment]] bars the admission of victim impact evidence during the penalty phase of a capital trial":

*''Booth v. Maryland'', 482 U.S. 496 (1987)
*''South Carolina v. Gathers'', 490 U.S. 805 (1989)

This decision is a good example of the [[U.S. Supreme Court]] rejecting [[stare decisis]].
[[category:US Supreme Court Cases]]

Aschlafly

Anthony, Irenaeus, Siteadmin, apieditor, Bureaucrats, Check users, nsAm_Govt_101RO, nsAm_Govt_101RW, nsAm_Govt_101_ta, nsJudgesRO, nsJudgesRW, nsJudges_talkRO, nsJudges_talkRW, nsTeam2RO, nsTeam2RW, nsTeam2_talkRO, nsTeam2_talkRW, oversight, Administrators

126,445

edits

Changes

Payne v. Tennessee (view source)

Revision as of 13:04, August 12, 2007

Navigation menu

Search