The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, March 31, 1976
Decision: Friday, July 2, 1976
Issues: Criminal Procedure, Cruel and Unusual Punishment, Death Penalty
Categories: capital punishment, criminal, cruel and unusual punishment, eighth amendment

Advocates

Robert H. Bork (Argued the cause for the United States as amicus curiae)
Clinton A. Curtis (Argued the cause for the petitioner)
Robert L. Shevin (Argued the cause for the respondent)

Facts of the Case

Following his Florida conviction for first-degree murder and the imposition of the death penalty, Proffitt challenged the constitutionality of both his death sentence, alleging it was a "cruel and unusual" punishment, and Florida's capital-sentencing procedure, alleging is was arbitrary and capricious insofar as it permitted judges rather than juries to act as sole sentencing authorities.

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

Question

Is the death penalty a "cruel and unusual" punishment? Is Florida's capital-sentencing procedure unconstitutional?

Conclusion

No and no. The Court held that the death penalty was not a "cruel and unusual" punishment per se, and that Florida's capital-sentencing procedure was not unconstitutionally arbitrary and/or capricious. Although empowering trial judges with sole sentencing authority, the statutory procedure tightly prescribed their relevant decision-making process. The procedure requires sentencing judges to focus on both the crime's circumstances and the defendant's character by weighing eight statutory aggravating factors against seven statutory mitigating factors. Furthermore, sentencing judges are required to submit a written explanation of their death-sentence finding for the purpose of automatic review by Florida's Supreme Court. Such strict requirements sufficiently safeguard against the presence of any constitutional deficiencies arising from an arbitrary and/or capricious imposition of the death penalty.

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 7 votes for Florida, 2 vote(s) against
Legal Provision: Amendment 8: Cruel and Unusual Punishment
Voted with the majority, joined White's concurrence
Burger
Wrote a dissent
Brennan
Voted with the majority
Stewart
Wrote a special concurrence
White
Wrote a dissent
Marshall
Wrote a special concurrence
Blackmun
Wrote the judgment of the Court
Powell
Voted with the majority, joined White's concurrence
Rehnquist
Voted with the majority
Stevens
Judgment of the Court by Justice Lewis F. Powell, Jr.

Cite this page

The Oyez Project, Proffitt v. Florida, 428 U.S. 242 (1976),
available at: <http://www.oyez.org/cases/1970-1979/1975/1975_75_5706/>
(last visited ).