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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- TUILAEPA v. CALIFORNIA
- certiorari to the supreme court of california
- No. 93-5131. Argued March 22, 1994-Decided June 30, 1994
-
- A defendant in California is eligible for the death penalty when a
- jury finds him guilty of first-degree murder and finds one or more
- of the special circumstances listed in Cal. Penal Code Ann. 190.2
- The case then proceeds to the penalty phase, where the jury is
- instructed to consider numerous other factors listed in 190.3 in
- deciding whether to impose death. Petitioners Tuilaepa and
- Proctor were convicted of first-degree murder in separate cases.
- At the penalty phase of each trial, the jury was instructed to
- consider the relevant sentencing factors in 190.3. Both petition-
- ers were sentenced to death, and the State Supreme Court af-
- firmed. Here, they challenge the constitutionality of penalty-phase
- factor (a), which requires the sentencer to consider the ``circum-
- stances of the crime of which the defendant was convicted . . . and
- the existence of any special circumstances found to be true.''
- Tuilaepa also challenges factor (b), which requires the sentencer to
- consider the ``presence or absence of criminal activity [involving]
- the use or attempted use of force or violence or the express or
- implied threat to use force or violence,'' and factor (i), which
- requires the sentencer to consider the defendant's age at the time
- of the crime.
- Held: The factors in question are not unconstitutionally vague
- under this Court's decisions construing the Cruel and Unusual
- Punishments Clause. Pp. 4-13.
- (a) The Court's vagueness review is quite deferential, and relies
- on the basic principle that a factor is not unconstitutional if it has
- some ``commonsense core of meaning . . . that criminal juries
- should be capable of understanding.'' Jurek v. Texas, 428 U. S.
- 262, 279 (White, J., concurring in judgment). Petitioners' chal-
- lenge to factor (a) is at some odds with settled principles, for the
- circumstances of the crime are a traditional subject for consider-
- ation by the sentencer, see, e.g., Woodson v. North Carolina, 428
- U. S. 280, 304 (plurality opinion), and factor (a) instructs the jury
- in understandable terms. Factor (b) is framed in conventional and
- understandable terms as well. Asking a jury to consider matters
- of historical fact is a permissible part of the sentencing process.
- Tuilaepa's challenge to factor (i) is also unusual in light of the
- Court's precedents. See Eddings v. Oklahoma, 455 U. S. 104, 115--
- 117. While determining the bearing age ought to have in fixing
- the penalty can pose a dilemma for the jury, difficulty in applica-
- tion is not the equivalent of vagueness. Pp. 4-10.
- (b) This Court's precedents also foreclose petitioners' remaining
- arguments. Selection factors need not require answers to factual
- questions. The States are not confined to submitting to the jury
- specific propositional questions, see e.g., Zant v. Stephens, 462
- U. S. 862, 878-880, 889, and there is no constitutional problem
- where an instruction directs consideration of a crime's facts and
- circumstances. Nor must a capital sentencer be instructed how to
- weigh any particular fact in the sentencing decision. See, e.g.,
- California v. Ramos, 463 U. S. 992, 1008-1009. Pp. 10-13.
- No. 93-5131, 4 Cal. 4th 569, 842 P. 2d 1142, and No. 93-5161, 4
- Cal. 4th 499, 842 P. 2d 1100, affirmed.
- Kennedy, J., delivered the opinion of the Court, in which Rehn-
- quist, C. J., and O'Connor, Scalia, Souter, and Thomas, JJ.,
- joined. Scalia, J., and Souter, J., filed concurring opinions.
- Stevens, J., filed an opinion concurring in the judgment, in which
- Ginsburg, J., joined. Blackmun, J., filed a dissenting opinion.
-