McGautha v. California

Petitioners McGautha and Crampton were convicted of murder in the first degree in the courts of California and Ohio respectively and sentenced to death pursuant to the statutes of those States. In each case the decision whether the defendant should live or die was left to the absolute discretion of the jury. In McGautha’s case the jury, in accordance with California law, determined punishment in a separate proceeding following the trial on the issue of guilt. In Crampton’s case, in accordance with Ohio law, the jury determined guilt and punishment after a single trial and in a single verdict.…