Cite as: 513 U. S. 504 (1995)
Opinion of the Court
simply that a sentence imposed by the judge is invalid if the recommendation on which it partially rests was rendered erroneously. Second, although statistics demonstrate that there have been only 5 cases in which an Alabama judge rejected an advisory verdict of death, compared to 47 instances where the judge imposed a death sentence over a jury recommendation of life, these numbers do not tell the whole story because they do not indicate, for example, how many cases in which a jury recommendation of life was adopted would have ended differently had the judge not been required to consider the jury's advice. Moreover, the statistics say little about whether the Alabama scheme is constitutional, a question which turns not solely on numerical tabulations of sentences, but rather on whether the penalties imposed are the product of properly guided discretion and not of arbitrary whim. Finally, apparent disparities in the weight given to jury verdicts in specific Alabama cases do not indicate that the judges have divergent understandings of the statutory requirement that such verdicts be considered; they simply reflect the fact that, in the subjective weighing process, the emphasis given to each decisional criterion must of necessity vary to account for the particular circumstances in each case. In any event, Harris does not show how these disparities affect her case. Pp. 511-515.
632 So. 2d 543, affirmed.
O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion, post, p. 515.
Ruth E. Friedman argued the cause for petitioner. With her on the brief was Bryan A. Stevenson. P. David Bjurberg, Assistant Attorney General of Alabama, argued the cause for respondent. With him on the brief was James H. Evans, Attorney General.
Justice O'Connor delivered the opinion of the Court.
Alabama law vests capital sentencing authority in the trial judge, but requires the judge to consider an advisory jury verdict. We granted certiorari to consider petitioner's argument 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.
505
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