AdministrativeLaw DueProcess Punishment TradeSecret JusticiabilityDoctri
Whether the Arkansas Supreme Court's holding that a capital-sentencing jury permissibly declined to weigh an existent statutory mitigating circumstance against the existent aggravating circumstances after deeming the former subjectively unworthy of consideration facilitates the arbitrary imposition of the death penalty in violation of the Eighth and Fourteenth Amendments to the United States Constitution
QUESTION PRESENTED Whether the Arkansas Supreme Court’s holding that a capital-sentencing jury permissibly declined to weigh an existent statutory mitigating circumstance against the existent aggravating circumstances after deeming the former subjectively unworthy of consideration facilitates the arbitrary imposition of the death penalty in violation of the Eighth and Fourteenth Amendments to the United States Constitution.