In Kansas v. Marsh, the United States Supreme Court held that it is not unconstitutional for a state's death penalty statute to require a death sentence when a sentencing jury finds aggravating and mitigating factors to be in equipoise. Extending its previous decision in Walton v. Arizona, the Court explicitly determined that this type of sentencing met the requirements of Furman v. Georgia and Gregg v. Georgia, holding that no other constraint is imposed by the Constitution. While the repercussions of this decision may not be widely felt, they do indicate the direction the Court is heading in death penalty jurisprudence.
"Kansas v. Marsh: A Thumb on the Scale of Death?,"
Mercer Law Review: Vol. 58:
4, Article 17.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol58/iss4/17