Roberts v. Louisiana

Media Items
Oral Argument, Part 1
Oral Argument, Part 2
Opinion Announcement
Get Adobe Flash Player
Advocates
Robert H. Bork (Argued the cause for the United States as amicus curiae)
James L. Babin (Argued the cause for the respondent)
Anthony G. Amsterdam (Argued the cause for the petitioner)
Case Basics
Docket No.: 
75-5844
Petitioner: 
Roberts
Respondent: 
Louisiana
Decided By: 
Burger Court (1975-1981)
Opinion: 
428 U.S. 325 (1976)
Argued: 
March 30-31, 1976

Cite this page
The Oyez Project, Roberts v. Louisiana , 428 U.S. 325 (1976)
available at: (http://oyez.org/cases/1970-1979/1975/1975_75_5844)
Facts of the Case: 

Following his conviction for first-degree murder, and subsequent imposition of a death sentence, Roberts challenged the constitutionality of Louisiana's death penalty scheme. This scheme mandated the death penalty's imposition, regardless of any mercy recommendation, whenever the jury found that the defendant demonstrated a specific intent to kill or inflict great bodily harm while in the commission of at least one of five different narrowly defined types of homicide. The sentencing scheme also required juries, in all first-degree murder cases, to be instructed on the lesser charges of manslaughter and second degree murder even if no evidence existed to support such verdicts.

This case is one of the five "Death Penalty Cases" along with Gregg v. Georgia, Jurek v. Texas, Proffitt v. Florida, and Woodson v. North Carolina.

Question: 

Does Louisiana's death-penalty sentencing scheme violate the Eighth and Fourteenth Amendments' safeguards against arbitrary and capricious death penalty impositions?

Conclusion: 

Yes. By mandating the death penalty's imposition for certain crimes, Louisiana's sentencing scheme fails to afford juries the constitutionally required opportunity to consider any mitigating factors presented either by the circumstances of the crime or the individual offender's character. The Supreme Court also held that by requiring jurors to be instructed on the lesser charges of manslaughter and second-degree murder, even if no evidence exits to support such verdicts, Louisiana's sentencing scheme encourages them to disregard their oaths by recommending a verdict for a lesser offense whenever they feel that the death penalty is inappropriate.

Decisions

Decision: 5 votes for Roberts, 4 vote(s) against
Legal provision: Amendment 8: Cruel and Unusual Punishment

Sort by Seniority

Wrote a special concurrence
Brennan
Wrote a special concurrence
Marshall
Wrote the judgment of the Court
Stevens
Wrote a dissent
White
Voted with the majority
Stewart
Wrote a dissent, joined White's dissent
Blackmun
Voted with the majority
Powell
Wrote a dissent, joined White's dissent
Burger
Voted with the minority, joined White's dissent
Rehnquist

Judgment of the Court by Justice John Paul Stevens