Under what circumstances can the death penalty be imposed on a convicted rapist in the context of "society's moral outrage at particularly offensive conduct"?
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The following excerpt is from Smith v. Mahoney, D.C. No. CV-86-198-M-CCL, No. 94-99003 (9th Cir. 2010):
Fletcher, J., dissenting) (citing Gregg v. Georgia, 428 U.S. 153, 183 (1976)). Specifically, a capital sentence may be imposed when it is the only way to express "society's moral outrage at particularly offensive conduct" and functions as an effective deterrent. Id. Where the death penalty
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