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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.

Background

In 1984, Leslie Lowenfield, a Guyanese immigrant welder, was convicted of the 1982 killing of his girlfriend, a sheriff's deputy, and four members of her family, including a 4-year-old girl.[1]

Opinion of the court

The court, in an opinion by Chief Justice Rehnquist, held that the trial judge's polling of the jury and supplemental Allen instruction did not coerce the jury to return a verdict of guilty. The Court also rejected a challenge that Louisiana's death penalty statute did not sufficiently narrow the category of defendants who are eligible for the death penalty. The aggravating circumstance in the case, intentionally killing more than one person was found by the jury in the guilt phase after returning three first-degree murder verdicts.

Subsequent developments

Lowenfield was executed by electric chair on April 13, 1988, at the age of 34.[2]

See also

General:

References

  1. ^ "Louisiana Executes Man, 34, Convicted of Murdering Five". The New York Times. April 13, 1988.
  2. ^ "Convicted Murderer Dies In Louisiana Electric Chair". Associated Press. April 13, 1988.

External links


source: https://en.wikipedia.org/wiki/Lowenfield_v._Phelps