...of crime is a complex factual issue the resolution of which ORDERS 959 949 REHNQUIST, J., dissenting properly rests with the legislatures, which can evaluate...flexibility of approach that is not available to the courts. . . . "In sum, we cannot say that the judgment of the Georgia Legislature that capital punishment may...

...settle it. Then it proceeds to some pure conjecture of its own. Finally, genuflects to federalism: The value of capital punishment as a deterrent of...flexibility of approach that is not available to the courts.30 Now that is nothing but sheer fiction. How could it be possible, in I. and not in fiction,...

...categories of murder, such as murder by a life prisoner, where other sanctions may not be adequate.34 The value of capital punishment as a deterrent of...flexibility of approach that is not available to the courts. Furman v. Georgia, supra, at 403-^405 (BURGER, CJ, dissenting). Indeed, many of the post-Furman statutes...

...conscience because such punishment will be perceived as excessive.13 We cannot know which among 11 "The value of capital punishment as a deterrent of...flexibility of approach that is not available to the courts. Furman v. Georgia, [408 US,] at 403-405 (BURGER, CJ, dissenting)." Gregg v. Georgia, 428 US, at 186...

...Inconclusive. The value of capital punishment as a deterrent is a complex factual issue the resolution of which rests with the legislatures, which can evaluate the...flexibility of approach that is not available to the courts. Substantially the same views were expressed by Mr. Justice White in Roberts. Concerning retribution,...

...inconclusive. The value of capital punishment as a deterrent is a complex factual issue the resolution of which rests with the legislatures, which can evaluate the...flexibility of approach that is not available to the courts. Substantially the same views were expressed by Mr. Justice White in Roberts. Concerning retribution,...

...legislatures, which can evaluate the result* of statistical studies in terns of their own local condition* and with a flexibility of approach that is not available to the courts. Substantially the same views were expressed by Mr. Justice White In Roberts. Concerning retribution,...

...Georgia, 408 US, at 383 (Burger, CJ, dissenting). Legislatures also are better qualified to weigh and "evaluate the results of statistical studies in terms...of approach that is not available to the courts," Gregg v. Georgia, supra, at 186. Capital punishment is now the law in more than two-thirds of our States....

...consequently the moral values of the people. " Legislatures also are better qualified to weigh and "evaluate the results of statistical studies in terms...flexibility of approach that is not available to the courts."114 The Dissenting Opinions Justices Brennan and Blackmun filed dissenting opinions in which...

...conclusion is important since the question whether the deterrent effect of the exclusionary rule outweigh its costs is one that Congress is better suited to...adjustments in the exclusionary rule are necessary in light ofthat assessment. 10 II. Congress Should Modify the Exclusionary Rule By Enacting Title VI of HR 3...