Abstract
The following Article was prepared as the third annual Roger J. Traynor Lecture at Boalt Hall School of Law. It was completed before the United States Supreme Court decisions on the death penalty in Furman v. Georgia, decided on June 29, 1972. Although the United States Supreme Court did not hold the death penalty unconstitutional per se, it did in five separate opinions invalidate the sanction as currently administered. Thus, the California supreme court once again presaged a United States Supreme Court decision, fulfilling the innovative role that Chief Justice Wright describes in his speech. I am honored to have been selected to deliver the third annual
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