Lockett v. Ohio

Lockett v. Ohio
Supreme Court of the United States
Argued January 17, 1978 Decided July 3, 1978
Full case name	Lockett v. Ohio
Citations	438 U.S. 586 (more)
Holding
The judgment was reversed insofar as it upheld the death penalty, and the case was remanded.
Court membership
Chief Justice Warren E. Burger Associate Justices William J. Brennan, Jr. · Potter Stewart Byron White · Thurgood Marshall Harry Blackmun · Lewis F. Powell, Jr. William Rehnquist · John P. Stevens
Case opinions
Majority	Burger, joined by Stewart, White, Blackmun, Powell, Rehnquist, and Stevens
Concurrence	Blackmun
Concurrence	Marshall
Concurrence	White
Concurrence	Rehnquist
Brennan took no part in the consideration or decision of the case.
Laws applied
Eighth Amendment Fourteenth Amendment

Lockett v. Ohio, 438 U.S. 586 (1978) is a United States Supreme Court case in which the Court held that sentencing authorities must have the discretion to consider at least some mitigating factors, rather than being limited to a specific list of factors.

Background

An Ohio law required that the death penalty was mandatory for felons convicted of aggravated murder unless the victim had induced the offense, the offense was committed under duress or coercion, or the offense was a product of mental deficiencies. Sandra Lockett, the driver of the getaway car for a robbery that resulted in the murder of a pawnshop owner, was found guilty under the Ohio statute and sentenced to death.

Question Before the Court

Does the Ohio statute requiring the death penalty for felons convicted of aggravated murder violate the Eighth and Fourteenth Amendments by limiting the consideration of mitigating factors?

Decision of the Court

With a 7-1 decision in favor of Lockett, Justice Burger wrote the opinion for the majority. The Court held that the Eighth and Fourteenth Amendments required, in all but the rarest cases, that sentencers consider all mitigating factors surrounding the accused murderer before coming to the decision of applying the death penalty. These mitigating factors include, "a defendant's character or record and any circumstances of the offense proffered as a reason for a sentence less than death." Justice Burger, joined by Justice Stewart, Justice Powell and Justice Stevens concluded that "the limited range of mitigating circumstances that may be considered by the sentencer under the Ohio death penalty statute is incompatible with the Eighth and Fourteenth Amendments." Pp. 438. The Court cited Gregg, 428 U.S. at 428 U. S. 206 when the Court had previously approved of a statute that permitted the jury to "consider any aggravating or mitigating circumstances" to support their decision in Lockett

Concurring Opinion from Justice Blackmun

Justice Blackmun agreed with the majority of the opinion written by the Chief Justice, however he "would do so for a reason more limited than that which the plurality espouses, and for an additional reason not relied upon by the plurality."

Concurring Opinion from Justice Marshall

In a separate special concurrence from Justice Blackmun, Justice Marshall noted his opposition of the death penalty on its face, and deemed it a form of cruel and unusual punishment in violation of the Eighth Amendment of the Constitution. Justice Marshall notes that "when a death sentence is imposed under the circumstances presented here, I fail to understand how any of my Brethren -- even those who believe that the death penalty is not wholly inconsistent with the Constitution -- can disagree that it must be vacated."

See also

• List of United States Supreme Court cases, volume 438

External links

• Text of the opinion from cornell.edu