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Jurek Vs. Texas
Cites for this judgment
- US Supreme Court
- Jul 02, 1976
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U.S. 262 (1976) U.S. Supreme Court Jurek v. TexasSearch
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U.S. 262 (1976) Jurek v. TexasSearch
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on appeal, challenges the constitutionality of the Texas procedures enacted after this Court's decision in Furman v. GeorgiaSearch
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it has been construed to embrace the jury's consideration of such circumstances. Thus, as in the cases of Gregg v. GeorgiaSearch
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ante p. 428 U. S. 153 , and Proffitt v. FloridaSearch
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the individual defendant. Pp. 428 U. S. 274 -276. THE CHIEF JUSTICE concurred in the judgment. See Furman v. GeorgiaSearch
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unconstitutionally arbitrary or discretionary statutory features nevertheless remain are without substance, Roberts v. LouisianaSearch
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as is his assertion that the Eighth Amendment forbids the death penalty under any and all circumstances. Roberts v. LouisianaSearch
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WHITE, J., dissenting). Pp. 428 U. S. 278 -279. MR. JUSTICE BLACKMUN concurred in the judgment. See Furman v. GeorgiaSearch
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in violation of the Eighth and Fourteenth Amendments. We reject this argument for the reasons stated today in Gregg v. GeorgiaSearch
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III A After this Court held Texas' system for imposing capital punishment unconstitutional in Branch v. TexasSearch
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decided with Furman v. GeorgiaSearch
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far affirmed only two judgments imposing death sentences under its post- Furman law -- in this case and in Smith v. StateSearch
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the categories of murders for which a death sentence may ever be imposed serves much the same purpose. See McGautha v. CaliforniaSearch
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for hire, or whether the defendant was an inmate of a penal institution at the time of its commission. Cf. Gregg v. GeorgiaSearch
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certainly fall short of providing the individualized sentencing determination that we today have held in Woodson v. NorthSearch
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For such a system would approach the mandatory laws that we today hold unconstitutional in Woodson and Roberts v. LouisianaSearch
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a capital sentencing system must allow the sentencing authority to consider mitigating circumstances. In Gregg v. GeorgiaSearch
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system Page 428 U. S. 272 that directs the jury to consider any mitigating factors, and, in Proffitt v. FloridaSearch
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a death sentence, it focused on the question of whether any mitigating factors were present in the case. See Smith v. StateSearch
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misinterprets the Furman decision, and we reject it for the reasons set out in our opinion today in Gregg v. GeorgiaSearch
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imposed, it does not violate the Constitution. Furman v. GeorgiaSearch
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See Branch v. TexasSearch
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MR. CHIEF JUSTICE BURGER, concurring in judgment. I concur in the judgment. See Furman v. GeorgiaSearch
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join, concurring in the judgment. Following the invalidation of the Texas capital punishment statute in Branch v. TexasSearch
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and judgment, must be affirmed here. 522 S.W.2d 934 (1975). For the reasons stated in my dissent in Roberts v. LouisianaSearch
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be imposed so seldom, so arbitrarily, and so freakishly that the new statute suffers from the infirmities which Branch v. TexasSearch
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penological function, and hence fall within reach of the decision announced by five Members of the Court in Furman v. GeorgiaSearch
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judgment of affirmance. MR. JUSTICE BLACKMUN, concurring in the judgment. I concur in the judgment. See Furman v. GeorgiaSearch
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U.S. Supreme Court Jurek v. TexasSearch
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Furman v. GeorgiaSearch
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of Gregg v. GeorgiaSearch
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and Proffitt v. FloridaSearch
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See Furman v. GeorgiaSearch
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Branch v. TexasSearch
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Smith v. StateSearch
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See McGautha v. CaliforniaSearch
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Cf. Gregg v. GeorgiaSearch
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Woodson v. NorthSearch
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Woodson and Roberts v. LouisianaSearch
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In Gregg v. GeorgiaSearch
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See Smith v. StateSearch
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the Constitution. Furman v. GeorgiaSearch
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Roberts v. LouisianaSearch
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