Herrera v. Collins, 506 U.S. 390, 42 (1993)

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Cite as: 506 U. S. 390 (1993)

Blackmun, J., dissenting

are being asked to decide whether the Constitution forbids the execution of a person who has been validly convicted and sentenced but who, nonetheless, can prove his innocence with newly discovered evidence. Despite the State of Texas' astonishing protestation to the contrary, see Tr. of Oral Arg. 37, I do not see how the answer can be anything but "yes."

A

The Eighth Amendment prohibits "cruel and unusual punishments." This proscription is not static but rather reflects evolving standards of decency. Ford v. Wainwright, 477 U. S., at 406; Gregg v. Georgia, 428 U. S. 153, 171 (1976) (opinion of Stewart, Powell, and Stevens, JJ.); Trop v. Dulles, 356 U. S. 86, 101 (1958) (plurality opinion); Weems v. United States, 217 U. S. 349, 373 (1910). I think it is crystal clear that the execution of an innocent person is "at odds with contemporary standards of fairness and decency." Spaziano v. Florida, 468 U. S. 447, 465 (1984). Indeed, it is at odds

with any standard of decency that I can imagine.

This Court has ruled that punishment is excessive and unconstitutional if it is "nothing more than the purposeless and needless imposition of pain and suffering," or if it is "grossly out of proportion to the severity of the crime." Coker v. Georgia, 433 U. S. 584, 592 (1977) (plurality opinion); Gregg v. Georgia, 428 U. S., at 173 (opinion of Stewart, Powell, and Stevens, JJ.). It has held that death is an excessive punishment for rape, Coker v. Georgia, 433 U. S., at 592, and for mere participation in a robbery during which a killing takes place, Enmund v. Florida, 458 U. S. 782, 797 (1982). If it is violative of the Eighth Amendment to execute someone who is guilty of those crimes, then it plainly is violative of the Eighth Amendment to execute a person who is actually innocent. Executing an innocent person epitomizes "the

Florida on May 10, 1984); Radelet, Bedau, & Putnam, In Spite of Innocence, at 5-10 (same).

431

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