Jury Determination of Facts Necessary To Support The Death Sentence
Note: This holding is no longer good law in light of Ring v. Arizona, 536 U.S. 584 (2002).
Walton's first contention before the Court was that "every finding of fact underlying the sentencing decision must be made by a jury, not by a judge, and that the Arizona scheme would be constitutional only if a jury decides what aggravating and mitigating circumstances are present in a given case and the trial judge then imposes the sentence based on those findings." But the Court had consistently rejected the suggestion that the Constitution required jury sentencing. Aggravating factors were not "elements" of the crime; as the Court had previously held, they were merely standards to guide the choice between a death sentence or a sentence of life imprisonment. Moreover, the Constitution does allow a judge to make the findings required by Enmund v. Florida and Tison v. Arizona. The Enmund/Tison finding is not a substantive limit on the definition of a crime, and neither were aggravating factors. Accordingly, the Sixth Amendment did not require a jury to pass on aggravating factors.
Justice Scalia concurred in this part of the holding in Walton. It would be another eight years before he would first express his view that every fact necessary to a criminal defendant's punishment must be submitted to a jury and proved beyond a reasonable doubt, and six more years after that before that view would become fully articulated as the law of the land.
Read more about this topic: Walton V. Arizona
Famous quotes containing the words jury, facts, support, death and/or sentence:
“He could not have been tried by a jury of his peers, because his peers did not exist.”
—Henry David Thoreau (1817–1862)
““Now what I want is, Facts. Teach these boys and girls nothing but Facts. Facts alone are wanted in life. Plant nothing else, and root out everything else. You can only form the minds of reasoning animals upon Facts: nothing else will ever be of service to them.””
—Charles Dickens (1812–1870)
“The confirmation of Clarence Thomas, one of the most conservative voices to be added to the [Supreme] Court in recent memory, carries a sobering message for the African- American community.... As he begins to make his mark upon the lives of African Americans, we must acknowledge that his successful nomination is due in no small measure to the support he received from black Americans.”
—Kimberly Crenshaw (b. 1959)
“In the death of my son, now more than two years ago, I seem to have lost a beautiful estate,—no more. I cannot get it nearer to me.”
—Ralph Waldo Emerson (1803–1882)
“The label of liberalism is hardly a sentence to public igominy: otherwise Bruce Springsteen would still be rehabilitating used Cadillacs in Asbury Park and Jane Fonda, for all we know, would be just another overweight housewife.”
—Barbara Ehrenreich (b. 1941)