Payne v. Tennessee

"Payne v. Tennessee", ussc|501|808|1991 was an important United States Supreme Court case on criminal law, which held that testimony on the form of a victim impact statement was admissible, thus overruling two of that courts' precedents. It held that "stare decisis" could be disregarded where fairness to Victim's rights had priority over the demands of consistency in the common law. Such statements could be allowed during the sentencing phase of a trial and the admission of these statements in death penalty cases did not violate the Constitution. The case had an enormous impact, as it recognized that victims had rights in criminal cases in the United States.

Facts

Pervis Tyrone Payne was the defendant 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, [Payne was African-american and the Christophers were Caucasian, but this was not in the facts in the appeals.] 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." 84 stab wounds were on Charisse's body. He had stabbed her 3-year-old son Nicholas dozens of times. He ran away to his girlfriend's house, and discarded his clothes, which were soaked in blood. Meanwhile, Nicholas Christoher 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 Rehquist. 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. [Facts are re-worded from the decision, "q.v.", [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=501&page=808 Findlaw.com] . Retrieved September 22, 2008.]

Issues and holding

The main issue in the case was, Whether damaging testimony in the form of a victim impact questioning could be admissible in the sentencing phase of an otherwise fair state trial. Subsidiary to that were the issues of Whether admission of these statements in a death penalty case violated the Constitution; and Whether the U.S. Supreme Court was bound by the doctrine of "stare decisis" to follow its prior cases.

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 overruling two of that courts' precedents, in that "stare decisis" could be disregarded where fairness to the victim's rights had priority over the demands of consistency.

It specifically overruled its prior cases of "Booth v. Maryland", ussc|482|496|1987, and "South Carolina v. Gather", ussc|490|805|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. Madison" (1803) has decide what the law "is".
# Since the defendant has certain rights, so should the victims.
# The trial was fair in all respects, and mitigating evidence ouight to be presented with damaging evidence when available.

Three Justices dissented: John Paul Stevens, Thurgood Marshall, and Harry Blackmun."Victims of Crime - Victims' Rights" on [http://www.libraryindex.com/pages/451/Victims-Crime-VICTIMS-RIGHTS.html Library Index website] . Retrieved September 22, 2008.]

Impact

"Payne" has had a significant, ongoing impact in victim's rights, criminology, 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. [ [http://law.jrank.org/pages/12859/Payne-v-Tennessee.html Case Brief at JRank.org] . Retrieved September 22, 2008.] [Linda Myers, "Forum examines effect of victim impact statements on death penalty verdicts," "Cornell News", February 28, 2002, found at [http://www.news.cornell.edu/chronicle/02/2.28.02/death_penalty_symp.html Cornell University website] . Retrieved September 22, 2008.] One scholar recently wrote:

Another scholar calls the verdict in "Payne" an example of "symbolic violence."Wood, Jennifer K, "Refined raw: The symbolic violence of victims' rights reforms," "College Literature", Winter 1999, found at [http://findarticles.com/p/articles/mi_qa3709/is_199901/ai_n8849488/pg_7 BNet FindArticles.com] . Retrieved September 22, 2008.] It was pointed out that:

The case was one in a line of cases that showed how the Rehquist Court shifted to the conservative or "right" on criminal cases.AP, "Excerpts from Rehnquist opinions: Chief justice oversaw conservative shift in court during tenure," September 4, 2005, found at [http://www.msnbc.msn.com/id/9206742/ MSNBC.com website] . Retrieved September 22, 2008.] The case is cited by at least one major college text book as a "capstone case." [Schmalleger, Frank, "Crminal Law Today", pp. 34-42 (3rd ed., Pearson 2006), ISBN0-13-170287-4.]

Payne's execution was stayed in April 2007, [ [http://www.prodeathpenalty.com/Pending/07/apr07.htm Pro death Penalty website] . Retrieved September 22, 2008.] and after protracted litigation, ["In re Pervis T. Payne" (2007), list found at [http://www.tsc.state.tn.us/opinions/tsc/CapCases/Payne/PaynePervis.shtml Tennesse Administrative Office of the Courts government website] ] . Retrieved September 22, 2008.] [ [http://www.tcask.org/cases/payne/payne.html Tennessee Coalition to Abolish State Killing website] . Retrieved September 22, 2008.] again scheduled in December 2007, [ [http://www.state.tn.us/correction/newsreleases/2007news/payneadvisory.html Tneesse Corrections Department website] . Retrieved September 22, 2008.] and stayed again that month. [ [http://lifeontherow.proboards83.com/index.cgi?board=stays&action=display&thread=1087 Life on Death Row website] . Retrieved September 22, 2008.] [ [http://www.capitaldefenseweekly.com/blog/?p=2555 "Capital Defense Weekly" website] . Retrieved September 22, 2008.] ["Payne v. Bredesen", No. 3-07-0714 (U.S.D.S. M.D. Tenn. 2007), found at [http://www.tsc.state.tn.us/OPINIONS/TSC/CapCases/Payne/20071207/3-07-cv-714%20Pervis%20Payne%20Stay%20Order.pdf US District Court, Middle District of Tenessee government website] . Retrieved September 22, 2008.] [Jared Allen, "Stay granted for Dec. 12 execution", "Nashville City Paper", December 7, 2007, found at [http://www.nashvillecitypaper.com/news.php?viewStory=58219 Nashville City Paper website] . Retrieved September 22, 2008.] Payne is still alive as of September 2008, and is on death row for the double homicide. [ [http://www.state.tn.us/correction/multiplesentences.html Tennessee Department of Corrections government website] . Retrieved September 22, 2008.]

ee also

* Crime in the United States
* Criminology
* Crime victim advocacy program
* Effects of rape and aftermath
* List of United States Supreme Court cases, volume 501
* Victimology
* Victim Support
* Victim study

References

External links

* [http://www.oyez.org/cases/1990-1999/1990/1990_90_5721/argument/ Oral Arguments at Oyez.org]