The United States Supreme Court and the death penalty: The struggle for fairness

1986 ◽  
Vol 10 (2) ◽  
pp. 178-204
Author(s):  
Richter H. Moore
2005 ◽  
Vol 67 (2) ◽  
Author(s):  
Paige H. Forster

In 1991, the United States Supreme Court made a significant change to sentencing proceedings during capital trials. The Court ruled in Payne v. Tennessee that the Eighth Amendment does not prohibit “victim impact evidence,” testimony about the character of the murder victim and the impact of the death on the victim’s family. The Payne decision permits highly emotional testimony from family members to enter into the penalty phase of a death penalty trial.


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