Lowenfield v. Phelps
| Lowenfield v. Phelps | |
|---|---|
| Argued October 14, 1987 Decided January 13, 1988 | |
| Full case name | Lowenfield v. Phelps, Secretary, Louisiana Department of Corrections, et al. |
| Citations | 484 U.S. 231 (more) 108 S. Ct. 546; 98 L. Ed. 2d 568; 1988 U.S. LEXIS 313; 56 U.S.L.W. 4071 |
| Case history | |
| Prior | Habeas corpus petition denied, 671 F. Supp. 423 (E.D. La. 1987); affirmed, 817 F.2d 285 (5th Cir. 1987); stay of execution granted, 482 U.S. 932 (1987); cert. granted, 483 U.S. 1005 (1987). |
| Subsequent | Rehearing denied, 485 U.S. 944 (1988). |
| Holding | |
| The aggravating factor making the crime punishable by death may be found in the definition of the crime itself as long it is enough narrow and precise. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by White, Blackmun, O'Connor, Scalia; Stevens (part III, except the last sentence) |
| Dissent | Marshall, joined by Brennan; Stevens (part I) |
| Kennedy took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. VIII | |
Lowenfield v. Phelps, 484 U.S. 231 (1988), is a United States Supreme Court case. The Court held that the two jury polls and the supplemental charge did not unlawfully pressure the jury to give a death sentence. The Court also stated that the death sentence does not violate the Eighth Amendment. This is simply because the single statutory "aggravating circumstance" found by the jury duplicates an element of the underlying offense of first-degree murder.