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Monday, June 26, 2006

Kansas v. March: Equipoise Ok for Death Penalty

In Kansas v. Marsh, No. 04-1170 (June 26, 2006), the Supreme Court held that the Kansas death penalty scheme, which directs imposition of the death penalty when mitigating factors stand in equipoise with aggravating factors, is constitutional.
The Court explained that its death penalty jurisprudence mere requires States to narrow the class of death-eligible defendants. The Kansas scheme complied with this requirement.