NCJ Number
142162
Journal
Criminal Justice Volume: 8 Issue: 1 Dated: (Spring 1993) Pages: 24-29,63- 64
Date Published
1993
Length
8 pages
Annotation
This article describes and analyzes the U.S. Supreme Court's decision in Payne v. Tennessee (1991), which held that consideration of victim-impact evidence by the factfinder in capital sentencing does not violate the eighth amendment's prohibition against cruel and unusual punishment, and then discusses its implications for the defendant in death-penalty cases.
Abstract
As examined in court decisions in "Booth," "Gathers," and "Payne," victim-impact evidence takes three forms: victim personal characteristics, emotional impact and other effects of the crime on the victim's family and the community; and family members' characterizations of the crime and the defendant. Receipt of survivors' opinions remains unconstitutional under the authority of "Booth." "Payne" held that the admissibility of victim-impact evidence is a matter for State law. In States where victim- impact evidence is admissible, defense attorneys must tailor their defense accordingly. Defense-representative contacts with the family prior to sentencing may help family members understand that a long prison sentence for the defendant may be less emotionally stressful for them than the long process of appeals in death penalty cases. State law may also provide a basis to argue that notice and discovery is required if victim-impact evidence is to be introduced. Victim-impact evidence may violate the due process clause of the Constitution if it is so unduly prejudicial as to render the trial fundamentally unfair. The defense should also present evidence of mitigating circumstances for the defendant and rebuttal of the victim-impact evidence. Defense attorneys should consider victim-impact evidence in jury selection, the opening statement, and the closing argument.