BROKEN PROMISE - THE SUPREME COURTS RESPONSE TO SOCIAL-SCIENCE RESEARCH ON CAPITAL-PUNISHMENT

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 t he use of psychological data in death penalty litigation, and a discus sion 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 n ature of the social facts that have been introduced in capital litigat ion during this period, discuss their potential constitutional importa nce, and systematically and critically evaluate the Court's treatment of them.