victim impact videos

"Court turns aside test on “victim impact videos”  [Monday, November 10th, 2008 12:22 pm | Lyle Denniston] ~ SCOTUSBLOG

"The Supreme Court refused on Monday, over the protests of three Justices, to provide new guidance on the kinds of “victim impact” evidence that may be put before jurors to try to convince them to impose a death sentence. Specifically, the Court turned down two appeals seeking to challenge the use of music and video portrayals that may be highly emotional. It would have taken the votes of four Justices to grant review; three said the Court should have examined anew that kind of evidence...

"In the new “victim impact” cases, Justice John Paul Stevens noted that the Court has not reviewed that type of evidence since its ruling 17 years ago in Payne v. Tennessee [501 U.S. 808 (1991)] — the first ruling to allow the introduction, in the sentencing phase of capital cases, testimony that seeks to show the impact of the crime on relatives and other survivors of the victim.

“In the years since Payne was decided,” Stevens wrote Monday, “this Court has left state and federal courts unguided in their efforts to police the hazy boundaries between permissible victim impact evidence and its impermissible, ‘unduly prejudicial’ forms….Having decided to tolerate the introduction of evidence that puts a heavy thumb on the prosecutor’s side of the scale in death cases, the Court has a duty to consider what reasonable limits should be placed on its use.” ... The cases denied review were ` and Zamudio v. California (07-11425)..."  [Justice Stevens’ statement respecting the denial is available here, and Justice Breyer’s dissent from the denial is available here.]

The California Supreme Court decisions are available free online @ People v. Douglas Oliver Kelly, 42 Cal. 4th 763; 171 P.3d 548; 68 Cal. Rptr. 3d 531 (2007) and People v. Zamudio (2008)43 Cal.4th 327 , -- Cal.Rptr.3d --; -- P.3d -- [No. S074414. Apr. 21, 2008.] ...

The Cali decisions are also available @ the California Courts official site.