The thinking is that if this line becomes the norm, many capital sentences will fail these criteria. (relevantmagazine.com)
The prosecution counters that the evidence shouldn't be admitted, but under the relaxed standards for mitigating evidence during capital sentencing, it usually is. (slaw.ca)
The defense argued that ``... Alabama's capital sentencing statute is unconstitutional because it does not specify the weight the judge must give to the jury's recommendation and thus permits arbitrary imposition of the death penalty.» (cochranfirmdothan.com)