Kelly v. South Carolina, 534 U.S. 246, 14 (2002)

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Cite as: 534 U. S. 246 (2002)

Rehnquist, C. J., dissenting

has almost no connection with the due process rationale of Simmons.

In some States—Texas, for example, see Tex. Crim. Proc. Code Ann. 37.071(b) and (g) (2001)—"future dangerousness" is itself a ground for imposing the death penalty in a capital case. In California v. Ramos, 463 U. S. 992 (1983), we held that such a system was consistent with the Eighth Amendment. But South Carolina's capital punishment system does not work that way. There are 11 statutory aggravating factors which may be found by the jury that must be weighed against mitigating factors.* See S. C. Code Ann.

*The statutory aggravating factors are: "(1) The murder was committed while in the commission of the following crimes or acts:

"(a) criminal sexual conduct in any degree;

"(b) kidnapping;

"(c) burglary in any degree; "(d) robbery while armed with a deadly weapon; "(e) larceny with use of a deadly weapon;

"(f) killing by poison; "(g) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;

"(h) physical torture; or "(i) dismemberment of a person. "(2) The murder was committed by a person with a prior conviction for murder.

"(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.

"(4) The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.

"(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.

"(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.

"(7) The murder of a federal, state, or local law enforcement officer, peace officer or former peace officer, corrections employee or former cor-

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