Payne v. Tennessee
Encyclopedia
Payne v. Tennessee, 501 U.S. 808
(1991) was a United States Supreme Court which held that testimony on the form of a victim impact statement
is admissible during the sentencing
phase of a trial
and, in death penalty cases, does not violate the Cruel and Unusual Punishment Clause. Payne overruled two of the Courts' precedent
s: Booth v. Maryland and South Carolina v. Gathers.
in this trial prosecuted in Tennessee
. On Saturday, June 27, 1987, after drinking malt liquor
, taking cocaine
, and reading pornography
, he attempted to rape
an acquaintance of his, Charisse Christopher, and finally he murdered her and her 2-year-old daughter. Neighbors heard noises and yelling, and called the police. Upon arriving, a police officer "immediately encountered Payne who was leaving the apartment building, so covered in blood that he appeared to be 'sweating blood'".
The police found "a horrifying scene." 42 stab wounds were on Charisse's body. He had stabbed her 3-year-old son Nicholas dozens of times but he was alive. He ran away to his girlfriend's house, and discarded his clothes, which were soaked in blood. Meanwhile, Nicholas Christopher held in his intestines while the emergency medical technicians transported him to the emergency room. There was significant physical evidence implicating the defendant: Payne's fingerprints on cans of malt liquor, the victims' blood soaked into his clothes, and his property left at the scene of the crime.
Dozens of witnesses, including the police
, friends, the neighbors, and experts
, testified at the trial. The evidence that he perpetrated the attacks was "overwhelming," according to Chief Justice Rehnquist. Payne denied the charges, claiming he came upon the bloody victims. The DA stressed, in his closing arguments, the senselessness of the killings, the violence displayed by the defendant, and the innocence of the victims. The jury convicted him of two counts of first-degree murder
and two counts of attempted murder and a related charge.
At the sentencing phase, the judge allowed both the public defender
to adduce mitigating testimony from the defendant's friends and family, and the district attorney
(DA) to introduce evidence from the grandmother/mother of the victims.
Payne appealed to the Tennessee Supreme Court
, and then asked for a writ of certiorari from the United States Supreme Court. Cert was granted, with the court noting that it would have to reconsider its past precedent. The case was argued on April 24, 1991 and decided on June 27, 1991.
The defendant's guilt
or innocence
was not in issue at this hearing, as only the legal issues
of admissibility of evidence, the victims' rights, and stare decisis were to be decided. The Court legally presumed that Payne was, in fact, guilty beyond a reasonable doubt
, which was, in any case, not on appeal in that instance.
The court held that testimony on the form of a victim impact statement was admissible and constitutional in death penalty cases, thus expressly overruling two of that courts' precedents: Booth v. Maryland (1987) and South Carolina v. Gathers (1989).
Three Justices dissent
ed: John Paul Stevens
, Thurgood Marshall
, and Harry Blackmun
.
, the law, the Court itself, and the lives of the parties involved.
The case allowed victim impact statements in US courts, and the overwhelming majority of states now allow such use in the sentencing phase of trials. The whole area of victim's rights was boosted by this case. One scholar recently wrote:
Another scholar calls the verdict in Payne an example of "symbolic violence
." It was pointed out that:
The case was one in a line of cases that showed how the Rehnquist Court shifted to the conservative or "right" on criminal cases. The case is cited by at least one major college text book as a "capstone case."
Payne's execution was stayed
in April 2007, and after protracted litigation, again scheduled in December 2007, and stayed again that month. Payne is still alive as of January 2010 and is on death row
for the double homicide
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1991) was a United States Supreme Court which held that testimony on the form of a victim impact statement
Victim impact statement
A victim impact statement is a written or oral statement made as part of the judicial legal process, which allows a victim of crime the opportunity to speak during the sentencing of their attacker or at subsequent parole hearings. In some instances videotaped statements are...
is admissible during the sentencing
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
phase of a trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
and, in death penalty cases, does not violate the Cruel and Unusual Punishment Clause. Payne overruled two of the Courts' precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s: Booth v. Maryland and South Carolina v. Gathers.
Facts
Pervis Tyrone Payne was the defendantDefendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
in this trial prosecuted in Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
. On Saturday, June 27, 1987, after drinking malt liquor
Malt liquor
Malt liquor is a North American term referring to a type of beer with high alcohol content. In legal statutes, the term often includes any alcoholic beverage above or equal to 5% alcohol by volume made with malted barley. In common parlance, however, it is used for high-alcohol beers made with...
, taking cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
, and reading pornography
Pornography
Pornography or porn is the explicit portrayal of sexual subject matter for the purposes of sexual arousal and erotic satisfaction.Pornography may use any of a variety of media, ranging from books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video,...
, he attempted to rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
an acquaintance of his, Charisse Christopher, and finally he murdered her and her 2-year-old daughter. Neighbors heard noises and yelling, and called the police. Upon arriving, a police officer "immediately encountered Payne who was leaving the apartment building, so covered in blood that he appeared to be 'sweating blood'".
The police found "a horrifying scene." 42 stab wounds were on Charisse's body. He had stabbed her 3-year-old son Nicholas dozens of times but he was alive. He ran away to his girlfriend's house, and discarded his clothes, which were soaked in blood. Meanwhile, Nicholas Christopher held in his intestines while the emergency medical technicians transported him to the emergency room. There was significant physical evidence implicating the defendant: Payne's fingerprints on cans of malt liquor, the victims' blood soaked into his clothes, and his property left at the scene of the crime.
Dozens of witnesses, including the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
, friends, the neighbors, and experts
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
, testified at the trial. The evidence that he perpetrated the attacks was "overwhelming," according to Chief Justice Rehnquist. Payne denied the charges, claiming he came upon the bloody victims. The DA stressed, in his closing arguments, the senselessness of the killings, the violence displayed by the defendant, and the innocence of the victims. The jury convicted him of two counts of first-degree murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
and two counts of attempted murder and a related charge.
At the sentencing phase, the judge allowed both the public defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...
to adduce mitigating testimony from the defendant's friends and family, and the district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
(DA) to introduce evidence from the grandmother/mother of the victims.
Payne appealed to the Tennessee Supreme Court
Tennessee Supreme Court
The Tennessee Supreme Court is the state supreme court of the state of Tennessee. Cornelia Clark is the current Chief Justice.Unlike other states, in which the state attorney general is directly elected or appointed by the governor or state legislature, the Tennessee Supreme Court appoints the...
, and then asked for a writ of certiorari from the United States Supreme Court. Cert was granted, with the court noting that it would have to reconsider its past precedent. The case was argued on April 24, 1991 and decided on June 27, 1991.
Issues and holding
The main issue in the case was whether, as the Court had previously held, damaging testimony in the form of a victim impact questioning could be admissible in the sentencing phase of an otherwise fair state trial.The defendant's guilt
Guilty
Guilty commonly refers to the feeling of guilt, an experience that occurs when a person believes that they have violated a moral standard.Guilty or The Guilty may also refer to:-Law:*Guilty plea, a formal admission of legal culpability...
or innocence
Innocence
Innocence is a term used to indicate a lack of guilt, with respect to any kind of crime, sin, or wrongdoing. In a legal context, innocence refers to the lack of legal guilt of an individual, with respect to a crime.-Symbolism:...
was not in issue at this hearing, as only the legal issues
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of admissibility of evidence, the victims' rights, and stare decisis were to be decided. The Court legally presumed that Payne was, in fact, guilty beyond a reasonable doubt
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt is a 1956 film directed by Fritz Lang and written by Douglas Morrow. The film, considered film noir, was the last American film directed by Lang.-Plot:...
, which was, in any case, not on appeal in that instance.
The court held that testimony on the form of a victim impact statement was admissible and constitutional in death penalty cases, thus expressly overruling two of that courts' precedents: Booth v. Maryland (1987) and South Carolina v. Gathers (1989).
Reasoning
The court's decision stated a number of strands of reasons for its rationale in deciding this case:- The sentencer has the right to consider all relevant evidence, with the rules of evidence.
- The principle that punishment should fit the crime is relevant here, and this was a particularly aggravated and savage murder.
- That stare decisis is "not an inexorable command", and the Supreme Court, since Marbury v. MadisonMarbury v. MadisonMarbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
(1803) has decided what the lawLawLaw is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
is. - Since the defendant has certain rights, so should the victims.
- The trial was fair in all respects, and mitigating evidence ought to be presented with damaging evidence when available.
Three Justices dissent
Dissent
Dissent is a sentiment or philosophy of non-agreement or opposition to a prevailing idea or an entity...
ed: John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
, and Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
.
Impact
Payne has had a significant, ongoing impact in victim's rights, criminologyCriminology
Criminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
, the law, the Court itself, and the lives of the parties involved.
The case allowed victim impact statements in US courts, and the overwhelming majority of states now allow such use in the sentencing phase of trials. The whole area of victim's rights was boosted by this case. One scholar recently wrote:
Another scholar calls the verdict in Payne an example of "symbolic violence
Symbolic violence
The concept of symbolic violence was first introduced by French sociologist Pierre Bourdieu to account for the tacit almost unconscious modes of cultural/social domination occurring within the every-day social habits maintained over conscious subjects....
." It was pointed out that:
The case was one in a line of cases that showed how the Rehnquist Court shifted to the conservative or "right" on criminal cases. The case is cited by at least one major college text book as a "capstone case."
Payne's execution was stayed
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
in April 2007, and after protracted litigation, again scheduled in December 2007, and stayed again that month. Payne is still alive as of January 2010 and is on death row
Death row
Death row signifies the place, often a section of a prison, that houses individuals awaiting execution. The term is also used figuratively to describe the state of awaiting execution , even in places where no special facility or separate unit for condemned inmates exists.After individuals are found...
for the double homicide
Mass murder
Mass murder is the act of murdering a large number of people , typically at the same time or over a relatively short period of time. According to the FBI, mass murder is defined as four or more murders occurring during a particular event with no cooling-off period between the murders...
.
See also
- Crime in the United StatesCrime in the United StatesCrime statistics for the United States are published annually by the Federal Bureau of Investigation in the Uniform Crime Reports which represents crimes reported to the police...
- CriminologyCriminologyCriminology is the scientific study of the nature, extent, causes, and control of criminal behavior in both the individual and in society...
- Crime victim advocacy programCrime victim advocacy programA Crime Victim Advocacy Program is a program to assist victims of crime through the criminal justice system. Such a program assists victim of a "General Crime", that is, as any crime committed that is not domestic or sexual in nature...
- Effects of rape and aftermathEffects of rape and aftermathEffects and aftermath of rape can include both physical trauma and psychological trauma. However, physical force is not necessarily used in rape, and physical injuries are not always a consequence. Deaths associated with rape are known to occur, though the prevalence of fatalities varies...
- List of United States Supreme Court cases, volume 501
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
- VictimologyVictimologyVictimology is the scientific study of victimization, including the relationships between victims and offenders, the interactions between victims and the criminal justice system — that is, the police and courts, and corrections officials — and the connections between victims and other social groups...
- Victim SupportVictim SupportVictim Support is a charity in England and Wales which aims to help victims and witnesses of crime by raising awareness of their needs and by delivering dedicated services to them. It was established in 1974. It is a national charity with branches in every community and each criminal court in...
- Victim studyVictim studyA victim study is a survey, such as the British Crime Survey, that asks a sample of people which crimes have been committed against them over a fixed period of time and whether or not they have been reported to the police...