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Justices talk about victim impact evidence in cert. denial

By Douglas A. Berman

As detailed in this SCOTUSblog post, Justices Stevens and Breyer commented on the Supreme Court's decision to deny cert in an interesting victim-impact case.  Here are the basics from the SCOTUSblog report: The Supreme Court refused on Monday, over the protests of three Justices, to provide new guidance on the kinds of ?victim impact? evidence that may be put before jurors to try to convince them to impose a death sentence. Specifically, the Court turned down two appeals seeking to challenge the use of music and video portrayals that may be highly emotional. It would have taken the votes of four Justices to grant review; three said the Court should have examined anew that kind of evidence.... ?In the years since Payne was decided,? Stevens wrote Monday, ?this Court has left state and federal courts unguided in their efforts to police the hazy boundaries between permissible victim impact evidence and its impermissible, ?unduly prejudicial? forms?...continue to full post

Full post as published by Sentencing Law and Policy on November 10, 2008 (boomark / email).