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Penry v. Johnson
''Penry v. Johnson'', 532 U.S. 782 (2001), is a United States Supreme Court case which concerned whether instructions given to a Texas jury were constitutionally adequate to emphasize the mitigating factors in sentencing of mental retardation. The Texas courts had determined the sentencing instructions were consistent with prior Supreme Court jurisprudence, but the Court in a divided decision reversed, finding the sentencing instructions insufficient. This was the second time Penry's case made it to the Supreme Court.
==Background==
In 1989, the U.S. Supreme Court held in ''Penry v. Lynaugh'' that Johnny Paul Penry had been sentenced to death in violation of the Eighth Amendment after finding that Texas' special instruction questions did not permit the jury to consider mitigating evidence involving his mental retardation.〔 On retrial in 1990, Penry was again found guilty of murder.〔 The defense again put on evidence regarding Penry's mental impairments. Ultimately, a psychiatric evaluation, which stated that Penry would be dangerous to others if released, prepared at the request of Penry's former counsel, was cited.〔 Upon submission to the jury, the trial judge instructed the jury to determine Penry's sentence by answering the same special questions in the first trial. Additionally, the trial judge gave a supplemental instruction on mitigating evidence. The court sentenced Penry to death in connection with the jury's answers to the special issues. In affirming the verdict, the Texas Court of Criminal Appeals rejected Penry's claims that the admission of language from the psychiatric evaluation violated his Fifth Amendment privilege against self-incrimination, and that the jury instructions were constitutionally inadequate because they did not permit the jury to consider his specific mitigating evidence.〔 Penry's petitions for state and federal habeas corpus relief failed.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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