Payne v Tennessee501 US 808 (1991)

Facts of the case

• Pervis Tyrone Payne spent an early afternoon binge drinking and injecting cocaine

• Around 3:00pm he entered the apartment of 28 Charisse Christopher and her two children Lacie (2) and Nicholas (3)

• Payne made sexual advances towards Charisse

• After she resisted, this lead Payne to kill both Charisse and Lacie

• Nicholas survived but received several severe stab wounds

• Payne was convicted by a jury on two counts of murder

Facts of the case continued…

• At Sentencing, the State presented testimony given by Charisse’s mother

• She spoke about the negative impact the murders had on her grandson Nicholas

• The prosecution also presented argument regarding Nicholas’s traumatic experience

• The jury sentenced Payne to death on each count of murder

• Payne argued that the prosecution could not use testimony regarding how the victim’s death impacted family members when contending for the death penalty based on two previous Supreme Court case rulings Booth v. Maryland and South Carolina v. Gathers

• Tennessee Supreme Court ruled against him

Issue

• Does the Eighth Amendment prohibit a capital sentencing jury from considering the impact that a victim's death had upon surviving family members?

Supreme Court Holding

• 6-3 decision

• No, a sentencing jury is not prohibited by the Eighth Amendment from considering the impact that a victim's death had upon surviving family members

• This ruling overturned previous holdings decided in Booth v. Maryland and South Carolina v. Gathers

• The court characterized the grandmother's testimony as harmless beyond a reasonable doubt. Assessment of harm caused by the defendant is a crucial factor in determining appropriate punishment. Victim impact is a method of informing the jury about such harm.

• The court determined that the prosecutor's comments during closing argument were "relevant to [Payne's] personal responsibility and moral guilt."

Dissent

• Justice Marshall, Justice Blackmun, and Justice Stevens all dissented

• The majority overruled Booth v. Maryland and South Carolina v. Gathers based on the dissenting opinions of those cases

• Victim impact sheds no light on victim’s guilt and moral culpability. This allows jurors to decide for the death penalty based off of emotions rather than reason

Opinion

• More conservative Supreme Court

• Aggravating factor

• Emotional