982
Stevens, J., concurring in judgment
Indeed, I am persuaded that references to such potentially ambiguous, but clearly relevant, factors actually reduces the risk of arbitrary capital sentencing.
Prior to the Court's decision in Furman v. Georgia, 408 U. S. 238 (1972), in a number of States the death penalty was authorized not only for all first-degree murders, but for less serious offenses such as rape, armed robbery, and kidnaping as well. Moreover, juries had virtually unbridled discretion in determining whether a human life should be taken or spared. The risk of arbitrary and capricious sentencing, specifically including the danger that racial prejudice would determine the fate of the defendant,* persuaded a majority of the Court in Furman that such capital sentencing schemes were unconstitutional. The two principal protections against such arbitrary sentencing that have been endorsed in our subsequent jurisprudence focus, respectively, on the eligibility determination and the actual sentencing decision.
First, as Chief Justice Rehnquist writing for the Court in Lowenfield v. Phelps, 484 U. S. 231 (1988), succinctly stated: "To pass constitutional muster, a capital sentencing scheme must 'genuinely narrow the class of persons eligible for the death penalty and must reasonably justify the imposition of a more severe sentence on the defendant compared to others found guilty of murder.' " Id., at 244 (quoting Zant v. Stephens, 462 U. S., at 877). When only a narrow subclass of murderers can be subjected to the death penalty, the risk of cruel and unusual punishment—either because it is disproportionate to the severity of the offense or because its imposition may be influenced by unacceptable factors—is diminished. See McCleskey v. Kemp, 481 U. S. 279, 367 (1987) (Stevens, J., dissenting). Because those risks can never be entirely eliminated, however, the Court has identified an ad-*See Justice Douglas' concurring opinion, 408 U. S., at 249-251.
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