In the case of Hopper, Corrections Commissioner, et al. v. Evans in 1981, the United States Supreme Court ruled that a defendant cannot be denied an instruction on a lesser included offense simply because they insist upon their innocence and refuse to admit guilt to any degree of crime. The court held that it was not necessary for a defendant to concede guilt before being entitled to such an instruction under Beck v. Alabama (1978). In this particular case, Johnny Evans had been convicted of first-degree murder and sentenced to death by an Alabama jury; however he maintained his complete innocence throughout trial proceedings rather than admitting guilt for any lesser charge like second-degree murder or manslaughter which might have spared him from capital punishment.

In the dissenting opinion for Hopper v. Evans, Justice William Brennan disagreed with the majority's decision to overturn a lower court ruling that had granted habeas corpus relief to a death row inmate. He argued that Alabama's "heinous, atrocious or cruel" standard was unconstitutionally vague and broad in its application of capital punishment because it failed to provide clear guidelines for juries deciding on life or death sentences. This lack of clarity could lead to arbitrary sentencing decisions based on personal biases rather than objective legal standards, he contended. Furthermore, Brennan believed that the state had not adequately informed the defendant about this specific aggravating circumstance before his trial as required by law; thus denying him due process rights under Fourteenth Amendment.