id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-3246	Johnson, Brian J.	The Response to Payne v. Tennessee: Giving the Victim's Family a Voice in the Capital Sentencing Process	1997	32	.pdf	application/pdf	15444	908	62	Indiana Law Review The Response to Payne v. Tennessee: Giving the Victim's Family a Voice IN THE Capital Sentencing Process Brian J. Johnson Introduction In Payne v. Tennessee,^ the Supreme Court reversed its position in Booth v. Maryland,^ by holding that the Eighth Amendment does not erect a per se bar to the introduction of victim impact evidence in a capital sentencing proceeding.^ This controversial decision has been the subject of volumes of commentary/ * J.D. Candidate, 1997, Indiana University School of Law—Indianapolis; B.A. 1990, Indiana University—Bloomington. The Supreme Flip-Flop ON THE Use OF Victim Impact During Capital Sentencing The Supreme Court first addressed the use of victim impact statements in Booth V. Maryland.^ In Booth, the Court held by a 5-4 majority that the Eighth Amendment barred consideration of victim impact evidence during a capital sentencing proceeding.^	cache/inlawrev-3246.pdf	txt/inlawrev-3246.txt