474 U.S. 1019 (1985). Having identified various failings of the Florida scheme, we must conclude that the State's procedures for determining sanity are inadequate to preclude federal redetermination of the constitutional issue.

Id. A related flaw in the procedures is the denial of any opportunity to challenge or impeach the state-appointed psychiatrists' opinions, thus creating a significant possibility that the ultimate decision made in reliance on those experts will be distorted. But, as petitioner concedes, his due process claim turns on a showing that the Florida statute at issue here created an individual right not to be executed while insane. The procedure is conducted wholly within the executive branch, ex parte, and provides the exclusive means for determining sanity. Fla. Stat. This potential is exacerbated by a unique feature of the prisoner's protected interest in suspending the execution of a death sentence during incompetency. Stat. After submission of the reports of the three examining psychiatrists, reaching conflicting diagnoses but agreeing on the ultimate issue of competency, Ford's counsel attempted to submit to the Governor some other written materials, including the reports of the two other psychiatrists who had examined Ford at greater length, one of whom had concluded that the prisoner was not competent to suffer execution.
Once satisfied that the procedures were adequate, a federal court has no authority to second-guess a State's substantive competency determination. Fla.Stat. Stat. § 29-2537 (1979); Nev.Rev.Stat. Whether the aim is to protect the condemned from fear and pain without comfort of understanding, or to protect the dignity of society itself from the barbarity of exacting mindless vengeance, the restriction finds enforcement in the Eighth Amendment.

(a) No state court has issued any determination to which the presumption of correctness under § 2254(d) could attach, and indeed no state court played any role in the rejection of petitioner's claim of insanity. 103. However, since Florida’s law prohibits the practice, the Court must look at Florida’s competency procedure, and that procedure does not even provide the most minimal due process protections. Therefore, even under a strict view of the Eighth Amendment, i.e. See Blackstone *25; 1 Hale 35; 1 Hawkins 2.

Over ten years ago, on July 21, 1974, Alvin Bernard Ford murdered a helpless, wounded police officer by shooting him in the back of the head at close range. 54-101 (1980); Fla.Stats. Evitts v. Lucey, 469 U.S. 387 (1985); Strickland v. Washington, 466 U.S. 668 (1984). In this case, petitioner was deprived of that opportunity. Therefore, the Idaho statute should apply for the presently incompetent. the factfinder must resolve differences in opinion within the psychiatric profession "on the basis of the evidence offered by each party" when a defendant's sanity is at issue in a criminal trial. The reports reached conflicting diagnoses, but were in accord on the question of petitioner's competency. We do not here suggest that only a full trial on the issue of sanity will suffice to protect the federal interests; we leave to the State the task of developing appropriate ways to enforce the constitutional restriction. (en banc), cert. I therefore join the Court's judgment. In Solesbee v. Balkcom, 339 U. S. 9 (1950), a condemned prisoner claimed that he had a constitutional right to a judicial determination of his sanity. So when the Court today creates a constitutional right to a determination of sanity outside of the executive branch, it does so not in keeping with, but at the expense of, "our common law heritage.". One doctor concluded that Ford suffered from "psychosis with paranoia," but had "enough cognitive functioning to understand the nature and the effects of the death penalty, and why it is to be imposed on him." See Woodson v. North Carolina, 428 U.S. 280, 305 (1976) (opinion of Stewart, POWELL, and STEVENS, JJ.). ." at 372 U. S. 316. at 67. That this most cursory form of procedural review fails to achieve even the minimal degree of reliability required for the protection of any constitutional interest, and thus falls short of adequacy under Townsend, is self-evident. If the defendant perceives the connection between his crime and his punishment, the retributive goal of the criminal law is satisfied. "It is axiomatic that due process `is flexible and calls for such procedural protections as the particular situation [requires].' See also post at 477 U. S. 429 (O'CONNOR, J., concurring in result in part and dissenting in part). § 46-14-221 (1984); Neb. His competency was assessed in accordance with Florida procedures. In addition to considering the barbarous methods generally outlawed in the 18th century, therefore, this Court takes into account objective evidence of contemporary values before determining whether a particular punishment comports with the fundamental human dignity that the Amendment protects.
38, 1005-2-3 (1982); Kan.Stat.Ann.

This combination of factors means that ordinary adversarial procedures -- complete with live testimony, cross-examination, and oral argument by counsel -- are not necessarily the best means of arriving at sound, consistent judgments as to a defendant's sanity. 1 J. Chitty, A Practical Treatise on the Criminal Law *761; see 1 F. Wharton, A Treatise on Criminal Law § 59 (8th ed. Since this Court last had occasion to consider the infliction of the death penalty upon the insane, our interpretations of the Due Process Clause and the Eighth Amendment have evolved substantially. The "cruel and inhumane Law lived not long, but was repealed, for in that point also it was against the Common Law . This case stands for the proposition that it does.

See also Note, Insanity of the Condemned, 88 Yale L.J. Id. 65-67. Florida Governor Bob Graham acted without further comment on the panel's findings but in accord with a Florida statute in signing a death warrant for Ford in 1984. 457, 460, 94 L.Ed. Fla. Stat. If this assessment is correct, petitioner. Believing that it is necessary that we first resolve whether Ford has a substantive Constitutional claim, this will be considered before analyzing the due process procedural requirements. See also post, at 429 (O'CONNOR, J., concurring in result in part and dissenting in part). The adequacy of the procedures chosen by a State to determine sanity, therefore, will depend upon an issue that this Court has never addressed: whether the Constitution places a substantive restriction on the State's power to take the life of an insane prisoner. Moreover, a standard that focused on the defendant's ability to assist in his defense would give too little weight to the State's interest in finality, since it implies a constitutional right to raise new challenges to one's criminal conviction until sentence has run its course. See Ala. Code § 15-16-23 (1982); Ariz. Rev. Ford v. Wainwright, 451 So.2d 471 (Fla.1984).

at 339 U. S. 15. ." 48 (Michie/Law.Co-op 1963); N.H.Rev.Stat.Ann. Code § 11-10-4-2 (1982); Mass. v. Varsity Brands, Inc. Petitioner Ford was convicted of murder and sentenced to death. By Executive Order, the present Governor has provided that "[c]ounsel for the inmate and the State Attorney may be present [at the competency hearing] but shall not participate in the examination in any adversarial manner." 15-16-23 (1981); Ariz.Rev.Stat.Ann.

What it fails to mention, however, is the equally important and unchallenged fact that at common law it was the executive who passed upon the sanity of the condemned. 1 N. Walker, Crime and Insanity in England 196 (1968). See Del. The majority fails to address and decide whether there is a constitutional prohibition against execution of an insane person. § 43-2622 (1977); Cal.

A claim of insanity may be made at any time before sentence and, once rejected, may be raised again; a prisoner found sane two days before execution might claim to have lost his sanity the next day, thus necessitating another judicial determination of his sanity, and presumably another stay of his execution. O'CONNOR, J., filed an opinion concurring in the result in part and dissenting in part, in which WHITE, J., joined, post, p. 477 U. S. 427.

Ibid. Ford's attorneys unsuccessfully sought a hearing in state court to determine anew Ford's competency to suffer execution. 11-10-4-1 et seq. § 77-19-13 (1982); Wyo. In rejecting the prisoner's claim, this Court stated: Despite references to "evolving standards of decency," ante, at 406, and "the jurisprudence of today," ante, at 409, the Court points to no change since Solesbee in the States' approach to determining the sanity of a condemned prisoner. Sec.

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