Cite as: 503 U. S. 159 (1992)
Thomas, J., dissenting
We long have held that the Constitution permits courts and juries to consider character evidence in sentencing proceedings. See Williams v. New York, 337 U. S. 241, 247 (1949). Until today, we have never hinted that the First Amendment limits the aspects of a defendant's character that they may consider. To the contrary, we have emphasized that the sentencing authority "may appropriately conduct an inquiry broad in scope, largely unlimited either as to the kind of information he may consider, or the source from which it may come." United States v. Tucker, 404 U. S. 443, 446 (1972).
In Williams, for example, we upheld a New York law that encouraged the sentencing judge to consider evidence about the defendant's "past life, health, habits, conduct, and mental and moral propensities," 337 U. S., at 245, a phrase easily broad enough to encompass a substantial amount of First Amendment activity. Writing for the Court, Justice Black specifically identified religion and interests as sentencing considerations that may "give the sentencing judge a composite picture of the defendant." Id., at 250, n. 15.
More recently, in Franklin v. Lynaugh, all five Members of the Court who addressed the issue agreed that religious activity may bear upon a defendant's character. See 487 U. S., at 186 (O'Connor, J., concurring in judgment) ("Evidence of . . . religious devotion might demonstrate positive character traits"); id., at 190 (Stevens, J., dissenting) ("Evidence of . . . regular church attendance" is relevant to character).2 Although the opinions in Franklin endorsed
2 In federal court, Federal Rule of Criminal Procedure 32(c)(2)(A) permits the presentence report following a criminal conviction to contain "information about the history and characteristics of the defendant . . . that may be helpful in imposing sentence." The Advisory Committee Note to the original version of this Rule, 18 U. S. C. App., p. 795, refers to a report that we endorsed in Williams v. New York, 337 U. S. 241, 250, n. 15 (1949): Administrative Office of the United States Courts, The Presentence Investigation Report, Pub. No. 101 (1943). This report explains: "Centuries of human experience have given testimony to the dynamic qualities of re-
177
Page: Index Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: October 4, 2007