NCJ Number
119637
Journal
University of Cincinnati Law Review Volume: 57 Issue: 3 Dated: (1989) Pages: 1073-1100
Date Published
1989
Length
28 pages
Annotation
This comment questions the risks posed by jury coercion and the level of jury coercion that should be tolerated in capital punishment cases.
Abstract
The comment provides an overview of the U.S. Supreme Court's development of procedural parameters necessary in capital cases to avoid the infliction of cruel and unusual punishment. The comment also explores the Supreme Court's emphasis on individualization in capital sentencing as demonstrated through its rejection of mandatory death statutes, its developments regarding the death penalty as a punishment proportionate to the offense, and its consideration of aggravating and mitigating circumstances. The jury's role in capital cases is examined, including the effects of both supplemental jury charges and inquiries into the numerical division of a jury. Jury discretion in capital sentencing is discussed in terms of limiting or guiding it to protect a defendant against wrongfully being sentenced to death. It is concluded that the Supreme Court is muddying the waters of constitutional protection in the sensitive area of jury coercion and thus may be eroding the strong case law it has built for protecting capital defendants. 202 references.