The panelists discussed the arguments being heard this week in the Supreme Court case, Payne v. Tennessee. The justices will decide if testimony about the victim is allowable. Payne was sentenced to the death penalty and is charging that testimony given by relatives of the murder victim swayed the jury. Mr. Stein said that the Court has signaled that, in this particular issue, “it is not clear about its own mind.” The Court has had contradictory rulings in two similar cases in the last four years. Prof. Robbins said the case is also important for its impact on whether the death penalty is to be implemented in a fair or arbitrary manner.