Introducing
Your new presentation assistant.
Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.
Trending searches
501 US 808 (1981)
In 1981 a Tennessee court tried Pervis Payne for murdering Charisse Christopher and her daughter Lacie. The prosecutor brought Charisse's mother to the stand and she stated how Charisse's death had impacted her surviving son Nicholas. In the closing arguments, the prosecutor referenced Nicholas' loss of his mother when calling for the death penalty. Payne was then convicted to the death penalty. However he argued that the prosecution could not use the testimony of how the victim's death impacted family members when contending for the death penalty. The court still ruled against him.
Does the Eighth Amendment prohibit a capital sentencing jury from considering the impact that a victim’s death had upon surviving family members?
8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Reason of the court was being that the Eight Amendment did not prohibit a sentencing jury from considering the impact of a victim's death upon surviving family members. The court stated the grandmother’s testimony was harmless beyond a reasonable doubt.
Decision of the court: No, 6-3
Chief Justice William H. Rehnquist delivered the opinion of the court
Justice White, Justice O’Connor, Justice Scalia, Justice Kennedy, and Justice Souter all had concurring opinions
concurring opinions
Justice Marshall, Justice Blackmun, and Justice Stevens has dissenting opinions.
Payne v. Tennessee was significant because it overturned the previous cases Booth v. Maryland and South Carolina v. Gathers where victim impact statement were prohibited. This case set precedent for future cases now allowing victim impact statements during the sentencing phase of a capital case
We believe that Payne’s Eighth Amendment rights were not being violated in this trial. However, we think that Payne should have petitioned against the Sixth Amendment (right to a fair trial) and not the Eighth Amendment since the Eighth Amendment did not fit what he was petitioning against. The Eighth Amendment states that there shall not be any cruel and unusual punishment and no excessive bail. The prosecutors use of Charisse’s mother’s testimony does not violate his Eighth Amendment rights however we think he would have had a better chance saying the use of the testimony went against his Sixth Amendment rights (right to a fair trial).
Payne v. Tennessee. (n.d.). Oyez. Retrieved October 27, 2019, from
https://www.oyez.org/cases/1990/90-5721
Payne v. Tennessee, 501 U.S. 808 (1991). (n.d.). Retrieved from https://supreme.justia.com/cases/federal/us/501/808/.