[20050817]RS22224_死刑：奥康纳法官精选意见.pdf

1 Penry v. Lynaugh, 492 U.S. 302, 3000-31 (1989). The Court considers whether there is anational consensus against executions in a particular category by looking at State legislation,public opinion polls, and the actions of sentencing juries. The Court also asks whether the deathpenalty applied to the particular category of offenders serves the goals of deterrence andretribution. In 2002, Justice OConnor silently joined the opinion of the Court overrulingLynaugh and holding that a national consensus existed that the execution of the mentally retarded(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22224August 17, 2005Capital Punishment: Selected Opinions ofJustice OConnorname redactedLegislative AttorneyAmerican Law DivisionSummaryAn examination of Justice OConnors opinions on capital punishment reveals acase-by-case approach showing a general support for the death penaltysconstitutionality. However, the opinions also reveal a careful review of theadministration of the death penalty by the States. Justice OConnors evolvingskepticism about capital punishment has played a significant role in many key dec