Summary

Portrait of Sandra Day O'Connor Sandra Day O'Connor Payne v. Tennessee — Opinion of the Court

In my view, a State may legitimately determine that victim impact evidence is relevant to a capital sentencing proceeding. A State may decide that the jury, before determining whether a convicted murderer should receive the death penalty, should know the full extent of the harm caused by the crime, including its impact on the victim's family and community.
Source: Wikisource

Portrait of Sandra Day O'Connor Sandra Day O'Connor Payne v. Tennessee — Opinion of the Court

We do not hold today that victim impact evidence must be admitted, or even that it should be admitted. We hold merely that if a State decides to permit consideration of this evidence, "the Eighth Amendment erects no per se bar." Ante, at 827. If, in a particular case, a witness' testimony or a prosecutor's remark so infects the sentencing proceeding as to render it fundamentally unfair, the defendant may seek appropriate relief under the Due Process Clause of the Fourteenth Amendment.
Source: Wikisource

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