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Proffitt Vs. Florida

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  • US Supreme Court
  • Jul 02, 1976

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  1. Gregg Vs. Georgia US Supreme Court · Jul 02, 1976
    Relied / Followed
  2. U.S. 242 (1976) U.S. Supreme Court Proffitt v. Florida
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  3. U.S. 242 (1976) Proffitt v. Florida
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  4. attacks the constitutionality of the Florida capital sentencing procedure, that was enacted in response to Furman v. Georgia
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  5. crime and the character of the individual defendant. The Florida system resembles the Georgia system upheld in Gregg v. Georgia
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  6. may never be imposed under any circumstances consistent with the Eighth Amendment are without substance. See Gregg v. Georgia
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  7. ante at 428 U. S. 224 -225 (WHITE, J., concurring in judgment) and Roberts v. Louisiana
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  8. WHITE, J., dissenting). Pp. 428 U. S. 260 -261. MR JUSTICE BLACKMUN concurred in the judgment. See Furman v. Georgia
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  9. in violation of the Eighth and Fourteenth Amendments. We reject this argument for the reasons stated today in Gregg v. Georgia
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  10. ante at 428 U. S. 168 -187. III A In response to Furman v. Georgia
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  11. Tedder v. State
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  12. So.2d 908, 910 (1975). Accord, Thompson v. State
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  13. So.2d 1, 5 Page 428 U. S. 250 (1976). Cf. Spinkellink v. State
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  14. State v. Dixon
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  15. questions, which are not unlike Page 428 U. S. 252 those considered by a Georgia sentencing jury, see Gregg v. Georgia
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  16. Court has pointed out that jury sentencing in a capital case can perform an important societal function, Witherspoon v. Illinois
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  17. Songer v. State
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  18. So.2d 481, 484 (1975). See also Sullivan v. State
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  19. not have been imposed. Indeed, it has vacated 8 of the 21 death sentences that it has reviewed to date. See Taylor v. State
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  20. Lamadline v. State
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  21. Slater v. State
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  22. Swan v. State
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  23. Halliwell v. State
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  24. Thompson v. State
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  25. Messer v. State
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  26. ante at 428 U. S. 188 , quoting Furman v. Georgia
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  27. So.2d at 9. See also Alford v. State
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  28. inadequate guidance to those charged with the duty of recommending or imposing sentences in capital cases. See Gregg v. Georgia
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  29. was found, Alvord v. State
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  30. review with those of previous cases in which it has assessed the imposition of death sentences. See, e.g., Alford v. State
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  31. Alvord v. State
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  32. the Florida court has in effect adopted the type of proportionality review mandated by the Georgia statute. Cf. Gregg v. Georgia
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  33. imposed. See Furman v. Georgia
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  34. Proposed Official Draft, 1962) (set out in Gregg v. Georgia
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  35. considered a judge-imposed death sentence following a jury recommendation of life imprisonment. See, e.g., Thompson v. State
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  36. Douglas v. State
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  37. Dobbert v. State
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  38. where the trial judge had simply listed six aggravating factors as justification for the sentence he imposed. Sawyer v. State
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  39. preparation of a presentence investigation report to assist him in determining the appropriate sentence. See Swan v. State
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  40. So.2d 481, 484 (1975). These reports frequently contain much information relevant to sentencing. See Gregg v. Georgia
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  41. The Courts 26 (1967). See also Gregg v. Georgia
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  42. when viewed in its entirety, will result in the capricious or arbitrary imposition of the death penalty. See Gregg v. Georgia
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  43. Hallman v. State
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  44. Spinkellink v. State
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  45. U.S. Supreme Court Proffitt v. Florida
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  46. Furman v. Georgia
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  47. See Gregg v. Georgia
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  48. and Roberts v. Louisiana
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  49. See Furman v. Georgia
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  50. Accord, Thompson v. State
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