Is Due Process Violated When a Victim Impact Witness Provides Moving Testimony About the Facts of the Crime ?

In Payne v. Tennessee, 501 U.S. 808, 821-26, 115 L.Ed.2d 720, 111 S.Ct. 2597 (1991), Justice O'Connor concluded that the defendant's due process rights were not violated when a victim impact witness provided moving testimony about the facts of the crime. 501 U.S. at 832 (O'Connor, J., concurring). According to Justice O'Connor, "In light of the jury's unavoidable familiarity with the facts of Payne's vicious attack, I cannot conclude that the additional information provided by [the victim impact witness's] testimony deprived petitioner of due process." Id.