Buttrum v. Georgia
Docket: 82-5528
Court: Supreme Court of the United States; January 24, 1983; Federal Supreme Court; Federal Appellate Court
The Supreme Court of the United States denied the petition for a writ of certiorari in the case of Janice Buttrum v. Georgia, No. 82-5528, on January 17, 1983. Justice Brennan dissented, reiterating his belief that the death penalty constitutes cruel and unusual punishment under the Eighth and Fourteenth Amendments. He would have granted certiorari and vacated the death sentence. Justice Marshall also dissented, maintaining that the death penalty is unconstitutional in all situations. He expressed concern over the trial judge's allowance of testimony from a psychologist who had not examined Buttrum, which was based largely on hearsay not presented as evidence. This psychologist's prediction of Buttrum's future dangerousness was the sole testimony for the prosecution during the sentencing phase. Marshall emphasized the general unreliability of predictions of violent behavior, especially when compounded by hearsay and lack of direct examination. He cited the case Beck v. Alabama to highlight the unacceptable level of uncertainty introduced into capital cases. Additionally, he referenced studies indicating that psychological predictions of violent behavior are often invalid, noting a California Supreme Court ruling that deemed such predictions inadmissible in capital sentencing without exceptional circumstances. Buttrum was 17 at the time of her offense.