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" is of vital importance to the defendant and to the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion. "
Death Penalty Legislation: Hearing Before the Committee on the Judiciary ... - Page 91
by United States. Congress. Senate. Committee on the Judiciary - 1986 - 107 pages
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Capital Punishment: Hearings Before the Committee on the Judiciary, United ...

United States. Congress. Senate. Committee on the Judiciary - Capital punishment - 1981 - 744 pages
...allowing them to focus on announced standards, such as the aggravating factors specified in S. 114. As the Supreme Court has noted: "It Is of vital Importance...the community that any decision to Impose the death sentence be, and appear to be, based 'on reason rather than caprice or emotion." Gardner v. Florida....
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Federal Criminal Law Revision: Hearings Before the Subcommittee on ..., Part 2

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice - Criminal justice, Administration of - 1983 - 914 pages
...not specify what that factor is, the possibility of rational appellate review is wholly undermined. As the Supreme Court has noted: "It is of vital importance...the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion." Gardner v. Florida,...
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Federal criminal law revision: hearings before the Subcommittee on ..., Part 3

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice - Criminal law - 1983 - 1426 pages
...not specify what that factor is, the possibility of rational appellate review is wholly undermined. As the Supreme Court has noted: "It Is of vital importance to the defendant and to the com•unlty that any decision to impose the death sentence be, and appear to be, based on reason rather...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 481

United States. Supreme Court - Courts - 1990 - 1088 pages
...light of the complete finality of the death sentence," Turner v. Murray, 476 US 28, 35 (1986), and that "[i]t is of vital importance to the defendant and...the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion," Gardner v. Florida,...
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Selected Crime Issues: Prevention and Punishment : Hearings Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime and Criminal Justice - Law - 1991 - 948 pages
...talcing the life of one of its citizens also differs dramatically from any other legitimate state action. It is of vital importance to the defendant and to...the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion.1 The death penalty provisions...
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Habeas Corpus: Hearings Before the Subcommittee on Civil and Constitutional ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights - Law - 1994 - 660 pages
...the individual is entitled to [relief]."). See also Beck v. Alabama, 447 US 625, 637-38-'(1980) (" 'It is of vital importance to the defendant and to...the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion.' " (quoting Gardner...
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The Unpublished Opinions of the Rehnquist Court

the late Bernard Schwartz - Law - 1996 - 501 pages
...taking the life of one of its citizens also differs dramatically from any other legitimate state action. It is of vital importance to the defendant and to...the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion." Gardner v. TOMPKINS...
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Death Penalty Cases

Barry Latzer - Law - 2002 - 366 pages
...crimes. These factors certainly did not remove the criminality from the petitioner's acts. But, ... it "is of vital importance to the defendant and to...the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion." That cannot be said...
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American Constitutional Law: Essays, Cases, and Comparative Notes

Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - History - 2004 - 794 pages
...proceeding is especially serious in light of the complete finality of the death sentence," and that "it is of vital importance to the defendant and to...the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion." . . . Surely, we should...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 446

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1982 - 1002 pages
...the criminality from the petitioner's acts. But, as was said in Gardner v. Florida, 430 US 349, 358, it "is of vital importance to the defendant and to...the community that any decision to impose the death sentence be, and appear to be, based on reason rather than caprice or emotion." That cannot be said...
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