Graham v. Collins, 506 U.S. 461, 43 (1993)

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Cite as: 506 U. S. 461 (1993)

Stevens, J., dissenting

in the determination of death eligibility, that pose the "evident danger" of which Justice Thomas warns. See ante, at 479.

Finally, at the end of the process, when dealing with the narrow class of offenders deemed death eligible, we insist that the sentencer be permitted to give effect to all relevant mitigating evidence offered by the defendant, in making the final sentencing determination. See, e. g., Eddings v. Oklahoma, 455 U. S. 104 (1982); Lockett v. Ohio, 438 U. S. 586 (1978). I have already explained my view that once the class of death-eligible offenders is sufficiently narrowed, consideration of relevant, individual mitigating circumstances in no way compromises the "rationalizing principle," ante, at 490 (Thomas, J., concurring), of Furman v. Georgia, 408 U. S. 238 (1972). See Walton v. Arizona, 497 U. S. 639, 715- 719 (1990) (Stevens, J., dissenting). To the contrary, the requirement that sentencing decisions be guided by consideration of relevant mitigating evidence reduces still further the chance that the decision will be based on irrelevant factors such as race. Lockett itself illustrates this point. A young black woman,4 Lockett was sentenced to death because the Ohio statute "did not permit the sentencing judge to consider, as mitigating factors, her character, prior record, age, lack of specific intent to cause death, and her relatively minor part in the crime." 438 U. S., at 597. When such relevant facts are excluded from the sentencing determination, there is more, not less, reason to believe that the sentencer will be left to rely on irrational considerations like racial animus.

I remain committed to our "mitigating" line of precedent, as a critical protection against arbitrary and discriminatory capital sentencing that is fully consonant with the principles of Furman. Nothing in Justice Thomas' opinion explains

4 See Brief for Petitioner in Lockett v. Ohio, O. T. 1977, No. 76-6997, p. 10.

503

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