174
Thomas, J., dissenting
itself is an indication of future dangerousness, see Franklin v. Lynaugh, 487 U. S. 164, 178 (1988) (plurality opinion); id., at 186 (O'Connor, J., concurring in judgment).
The stipulation also tends to rebut Dawson's evidence of good character. In capital cases, we have held that the sentence imposed should reflect a " 'reasoned moral response' " not only to the crime, but also to the " 'background' " and " 'character' " of the defendant himself. See Penry v. Lynaugh, 492 U. S. 302, 328 (1989) (quoting California v. Brown, 479 U. S. 538, 545 (1987) (O'Connor, J., concurring). In determining Dawson's "personal culpability," Penry, supra, at 327, the jury surely would want to know about the various activities, traits, and tendencies that distinguish him as a "uniquely individual human bein[g]," Woodson v. North Carolina, 428 U. S. 280, 304 (1976). Dawson introduced mitigating character evidence that he had acted kindly towards his family. The stipulation tended to undercut this showing by suggesting that Dawson's kindness did not extend to members of other racial groups. Although we do not sit in judgment of the morality of particular creeds, we cannot bend traditional concepts of relevance to exempt the antisocial.
B
The Court's opinion suggests that the Constitution now imposes a double standard for determining relevance: a standard easy for defendants to satisfy, but difficult for prosecutors. Under Eddings v. Oklahoma, 455 U. S. 104 (1982), and Lockett v. Ohio, 438 U. S. 586 (1978) (plurality opinion), a capital defendant has a right to introduce all relevant mitigating evidence. Capital defendants, as a result, regularly introduce character evidence that allows juries to consider their abstract beliefs and associational rights. Dawson, for example, introduced evidence that he associated with Alcoholics Anonymous and other groups. Other defendants have introduced comparable evidence regarding their religious practice and fraternal organizations. See, e. g., Jordan
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