I. INTRODUCTION In 1994 Justice Ha...

I. INTRODUCTION

In 1994 Justice Harry Blackmun retired from the United States chief Court. In one of his last opinions as a justice, he speaked his frustration and dismay with the Court's capital sentencing jurisprudence, characterizing the United States' quick in emergencies system of capital punishment as a failed experiment. (1) Claiming that the Court's effort to make sure both consistency and fairness in the imposition of the death penalty deductioned in an internally contradictory regularity he concluded that the Court should declare capital punishment unconstitutional. (2) Justice Antonin Scalia, writing in the same case, sympathized with Justice Blackmun's touchs but reached the ...