Broken Promise: The Supreme Court's Response to Social Science Research on Capital Punishment

Abstract

In this article we address the issues of when and how well the United States Supreme Court has taken cognizance of psychological data in its evolving jurisprudence of death. After a brief historical review of the use of psychological data in death penalty litigation, and a discussion of how and why it once promised to play a unique role in capital litigation, we assess the Court's record in using and evaluating this kind of data over the last two decades. Specifically, we look at the nature of the social facts that have been introduced in capital litigation during this period, discuss their potential constitutional importance, and systematically and critically evaluate the Court's treatment of them.