1、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 t
2、he 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 T
3、he 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 acas
4、e-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
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