Thurgood Marshall

“ He then recognized the foreman, who stated that the weekend release would be a "fine gesture," and that "we should have a verdict come Monday." Ibid. The judge responded: "Good. Well, I'm glad to hear you say that. I appreciate that." Ibid. After only one hour of deliberations Monday morning, the jurors voted unanimously to impose the death penalty.
In Lowenfield, the Court observed that " [a] ny criminal defendant, and especially any capital defendant, being tried by a jury is entitled to the uncoerced verdict of that body." ”

“ During jury deliberations, only one juror held out: an elderly woman who refused to vote to impose the death penalty. After a day of deliberations, another juror rose out of his chair and verbally attacked her in a tirade that apparently included a death threat. Id., at 545, 250 Cal.Rptr., at 594, 758 P.2d, at 1125. Crying and shaking, she left the jury room a d went to a bathroom, where she vomited. ”

“ Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 231, 96 S.Ct. 2909, 2973, 49 L.Ed.2d 859 (1976) (MARSHALL J., dissenting) , I would grant the petition for certiorari and vacate the death sentence in this case. ”