Justice Stevens, Capital Punishment, and Path Dependence


John Paul Stevens: that upheld the death penalty as reconstituted by Georgia and other states to require states to narrow the category of execution-worthy defendants using aggravating and mitigating factors.   In the interview with Totenberg, Stevens says that he expected that the sorts of factors upheld in Gregg would mean that only the worst of the worst would be executed, so that a death sentence would not be the sort of random Lightning Strike that Furman condemned.  But, Stevens goes on to...

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