 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1980 - 862 páginas
...JUSTICE BURGER, joined by MR. JUSTICE STEWART, MR. JUSTICE POWELL, and MR. JUSTICE STEVENS, concluded: 1. "The Eighth and Fourteenth Amendments require that the sentencer, in all but the rarest land of capital case, not be precluded from considering as a mitigating factor, any aspect of a defendant's... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1981 - 744 páginas
...Justice Burger and Justices Stewart, Powell, and Stevens based their decision on the conclusion that "the Eighth and Fourteenth Amendments require that...considering as a mitigating factor, any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant proffers... | |
 | Hugo Adam Bedau - 1987 - 334 páginas
...mitigation beyond any finite list provided by statute. In 1978 in Lockett v. Ohio, the Court insisted that the "sentencer, in all but the rarest kind of...considering as a mitigating factor, any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant proffers... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1987 - 1232 páginas
...however, that in capital cases "the Eighth and Fourteenth Amendments require that the sentencer . . . not be precluded from considering, as a mitigating factor, any aspect of a defendant's character or record." Lockett v. Ohio, 438 US 586, 604 (1978) (opinion of BURGER, CJ).... | |
 | United States. Supreme Court - 1990 - 1088 páginas
...evidence that might cause it to decline to impose the death sentence.26 "[T]he sentencer . . . [cannot] be precluded from considering, as a mitigating factor, any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant proffers... | |
 | Inter-American Commission on Human Rights, Inter-American Court of Human Rights - 1990 - 940 páginas
...defendant's sentence. The Court found that the Eighth and Fourteenth Amendments require that the sentencer, "not be precluded from considering as a mitigating factor, any aspect of the defendant's record or character and any of the circumstances of the offense...." Id. at 604. In... | |
 | Charles M. Lamb, Stephen C. Halpern - 1991 - 532 páginas
...determining whether to impose the death penalty. In this case Burger concluded that the Constitution demands "that the sentencer, in all but the rarest kind of...considering, as a mitigating factor, any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant proffers... | |
 | Welsh S. White - 1991 - 238 páginas
...cases. The Court held that in all but the rarest kind of capital case,22 the sentencing authority must "not be precluded from considering, as a mitigating factor, any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant proffers... | |
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We are now faced with those questions and we conclude that the Eighth and Fourteenth Amendments require that the sentencer, in all but the rarest kind of capital case, not be precluded from considering, as a mitigating factor, any aspect of a defendant's... 
