980
Souter, J., concurring
imposed after it has found that the defendant is a member of the class made eligible for that penalty." Zant, supra, at 875; see also Barclay v. Florida, 463 U. S. 939, 948-951 (1983) (plurality opinion). In contravention of those cases, petitioners' argument would force the States to adopt a kind of mandatory sentencing scheme requiring a jury to sentence a defendant to death if it found, for example, a certain kind or number of facts, or found more statutory aggravating factors than statutory mitigating factors. The States are not required to conduct the capital sentencing process in that fashion. See Gregg, supra, at 199-200, n. 50.
The instructions to the juries in petitioners' cases directing consideration of factor (a), factor (b), and factor (i) did not violate the Constitution. The judgments of the Supreme Court of California are
Affirmed.
Justice Scalia, concurring.
It is my view that once a State has adopted a methodology to narrow the eligibility for the death penalty, thereby ensuring that its imposition is not "freakish," Wainwright v. Goode, 464 U. S. 78, 87 (1983) (per curiam), the distinctive procedural requirements of the Eighth Amendment have been exhausted. See Walton v. Arizona, 497 U. S. 639, 669- 673 (1990) (Scalia, J., concurring in part and concurring in judgment). Today's decision adheres to our cases which acknowledge additional requirements, but since it restricts their further expansion it moves in the right direction. For that reason, and without abandoning my prior views, I join the opinion of the Court.
Justice Souter, concurring.
I join the Court's opinion because it correctly recognizes that factors adequate to perform the function of genuine narrowing, as well as factors that otherwise guide the jury in selecting which defendants receive the death penalty, are not
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