User:Nukerebel/sandbox/whitmore dissent

Dissent
Justice Marshall wrote a dissent that was joined by Justice Brennan. They concluded that:
 * While appellate review is, as previously decided, not required in non-capital cases, "the unique, irrevocable nature of the death penalty necessitates safeguards not required for other punishments," as "[t]he core concern of all our death penalty decisions is that States take steps to ensure to the greatest extent possible that no person is wrongfully executed. A person is just as wrongfully executed when he is innocent of the crime or was improperly convicted as when he was erroneously sentenced to death. States therefore must provide review of both the convictions and sentences in death cases."
 * Whitmore, as a citizen, has standing because appellate review "protect[s] society's fundamental interest in ensuring that the coercive power of the State is not employed in a manner that shocks the community's conscience or undermines the integrity of our criminal justice system."
 * Simmons is unable to waive appellate review as a defendant cannot make a "voluntary submission to a barbaric punishment," just as "a defendant's consent to being drawn and quartered or burned at the stake would not license the State to exact such punishments."