LAW 4051 Chapter Notes - Chapter 5: Arbitrariness
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Is s u e: whether the impos ition of the s entence of death for the crime of murder under the law of. T exas violated the 8th and 14th amendments to the c ons titution: basic holding: no, because mitigating circumstances. Arbitrariness: petitioner argues against the prosecutor"s ability to decide, and the governor"s ability to commute the sc rejects this argument for the same reasons as gregg. Impossible to predict future behavior just because it is difficult, does not mean it can"t be made; prediction is an essential element in the justice system (121) What is essential is that the jury have before it all possible relevant information about the individual defendant whose fate it must determine. Texas law clearly assures that all such evidence will be adduced (122) H o l d ing : we conclude that texas" capital-s entencing procedures , like thos e of g eorge and.
