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26 Suffolk U. L. Rev. 221 (1992)
Constitutional Law - Victim Impact Evidence: Basing Sentencing Decisions on Emotion Rather Than Reason - Payne v. Tennessee, 111 S. Ct. 2597 (1991)

handle is hein.journals/sufflr26 and id is 241 raw text is: Constitutional Law-Victim Impact Evidence: Basing Sentencing Deci- sions on Emotion Rather Than Reason--Payne v. Tennessee, 111 S. Ct. 2597 (1991). The Eighth Amendment to the United States Constitution proscribes sentencing procedures that create a substantial risk of an arbitrary impo- sition of the death penalty.' The United States Supreme Court has de- clared unconstitutional a sentencing jury's consideration of evidence that has no bearing on the defendant's moral culpability and blameworthi- ness.' In Payne v. Tennessee,3 the Supreme Court considered whether victim impact evidence may be admitted during the sentencing phase of a capital trial.4 The Court ruled that the admission of victim impact evi- dence in capital punishment proceedings does not violate the Eighth Amendment.5 A jury in the Criminal Court for Shelby County, Tennessee convicted Pervis Payne of the first-degree murder of Charisse Christopher and her daughter Lacie.6 The jury also found Payne guilty of assaulting Christo- pher's son Nicholas with intent to commit murder in the first degree.7 During the sentencing phase of the trial, four witnesses testified to miti- gating aspects of Payne's background and character.' The state coun- tered this testimony with victim impact evidence, including that of Mary 1. U.S. CONST. amend. VIII. The text of the Eighth Amendment reads: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment in- flicted. Id; see also California v. Brown, 479 U.S. 538, 541 (1987) (unconstitutional for sentencers to have unbridled discretion in capital cases); Furman v. Georgia, 408 U.S. 238, 239-40 (1972) (statutes that arbitrarily impose death penalty violate Eighth Amendment). 2. See McClesky v. Kemp, 481 U.S. 279, 291-99 (1987) (sentence based on race unconsti- tutional); Zant v. Stephens, 462 U.S. 862, 885 (1983) (sentencer may not consider information constitutionally impermissible or irrelevant to sentencing process); Enmund v. Florida, 458 U.S. 782, 801 (1982) (evidence considered must relate to defendant's personal responsibility and moral guilt). 3. 111 S. Ct. 2597 (1991). 4. Id. at 2604. Victim impact evidence is evidence of the victim's characteristics and the after effects of the crime. See Booth v. Maryland, 482 U.S. 496, 502-03 (1987) (describing victim impact statements). Prior to Payne the Court considered the issue of victim impact evidence two other times in four years. See South Carolina v. Gathers, 490 U.S. 805, 810-11 (1989) (reafirming Booth in denying admissibility of victim impact evidence); Booth v. Mary- land, 482 U.S. 496, 507 (1987) (victim impact statements may not be introduced during sen- tencing phase of capital trial). 5. 111 S. Ct. at 2609. Payne raised another issue, not discussed in this comment, concern- ing overturning recently established precedent. See id. at 2621-25 (Marshall, J., dissenting) (attributing unfounded, speedy overruling to change in Court's personnel). 6. Id. at 2601. 7. Id. 8. Id. at 2602. Payne's parents testified that he had no prior criminal record and had never been arrested. Id. at 2602-03. Bobbie Thomas, Payne's girlfriend, testified that Payne was a caring person who did not drink or use drugs. Id. Dr. John T. Huston, a clinical psychologist, testified that Payne was mentally handicapped. Id.

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