Parker v. North Carolina

Mr. Justice Brennan, with whom Mr. Justice Douglas and Mr. Justice Marshall join,

dissenting

in No. 268, and concurring in the result in No. 270, ante, p. 742.

In United States v. Jackson, 390 U. S. 570 (1968), we held that the operative effect of the capital punishment provisions of the Federal Kidnaping Act was unconstitutionally “to discourage assertion of the Fifth Amendment right not to plead guilty and to deter exercise of the Sixth Amendment right to demand a jury trial.” 390 U. S., at 581. The petitioners in these cases claim that they were the victims of the very vices we condemned in…