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Further, Bl
though rem r
ioned diseou , is of n gligibl
legal force, and will v not on
lif; , no even that defendan ' .
Bl ckmun, in his d th penal y
jurisprudence, at le t, m
th late Justi Marshall's man­
tle of the Lone Di nter; a Jere­
miah p ching m a dey, earing
judicial ildern , here f
will h r, and none will follo .
Had hejoined hall hile
he lived, and Brennan while he
adjudicated, a life bloc might've
emerged, with enough light, and
enough strength, to fashion a
majority by attracting 2 strag­
glers, but this never occurred,
and in his dissent in CaBins, h
suggests, may never occur, as he
wrote;
not optimistic that uch a day
will come. I am mor optimi tic
though, that this Court eventu­
ally will conclude that the effort
"to eliminate arbitrarin s while
p erving fairness in the inflic­
tion of [death] is so plainly
doomed to failure that it nd
the d th penalty - must be
abandoned altogether.
I may not live to that day,
bu I have faith that eventually
'it will arrive."
To which some on Death Row
opin , "No time soon. "
k, from
LA principled
refusal to further "tinker with
the machinery of death" com
after the machine has been fine­
tuned and stripped to its ma­
levolent best, after all of its bugs
h ve been purged out, and a pit
crew installed to keep it running
well into the next century.
Blackmun' critical 5th vote
in the case made the
death penalty possible and
formed the foundation for th
"PERHAP 0 DA this
Court will develop procedural
rules or verbal formulas that ac­
tually will provide consistency l
fairness, and reliability in a
capital-sentencing cheme. I am
READERS WRITE
,
thr e strik
HU H JACKSO
Pontiac
losing e r in ne