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:
“The thing with Catholicism, the same as all religions, is that it teaches what should be, which seems rather incorrect. This is “what should be.” Now, if you’re taught to live up to a “what should be” that never existed—only an occult superstition, no proof of this “should be”Mthen you can sit on a jury and indict easily, you can cast the first stone, you can burn Adolf Eichmann, like that!”
—Lenny Bruce (1925–1966)
“Let us not underrate the value of a fact; it will one day flower in a truth. It is astonishing how few facts of importance are added in a century to the natural history of any animal. The natural history of man himself is still being gradually written.”
—Henry David Thoreau (1817–1862)
“Well of all things in the world, I don’t suppose anything can be so dreadful as a public wedding—my stars!—I should never be able to support it!”
—Frances Burney (1752–1840)
“We often see malefactors, when they are led to execution, put on resolution and a contempt of death which, in truth, is nothing else but fearing to look it in the face—so that this pretended bravery may very truly be said to do the same good office to their mind that the blindfold does to their eyes.”
—François, Duc De La Rochefoucauld (1613–1680)
“The first sentence of every novel should be: “Trust me, this will take time but there is order here, very faint, very human.” Meander if you want to get to town.”
—Michael Ondaatje (b. 1943)