Byron White

“ The Court does not deny that the legislature can impose a particular penalty, including death, on all persons convicted of certain crimes. Why, then, should it be disabled from delegating the penalty decision to a group who will impose the death penalty more often than would a group differently chosen?
All Illinois citizens, including those who oppose the death penalty, are assured by the Constitution a fair opportunity to influence the legislature's determinations about criminal sentences. ”

“ We need not decide today whether any possible delegation of the sentencing decision, for example a delegation to the surviving relatives of the victim, would be constitutionally impermissible because it would offend the conscience of civilized men. ”

“ The legislature undoubtedly felt that if all citizens could serve on the jury, and if one citizen with especially pronounced 'scruples' could prevent a decision to impose death, the penalty would almost never be imposed. ”