286
Breyer, J., dissenting
the consideration of constitutionally relevant evidence." Boyde, supra, at 380. To uphold the instructions given here is to "risk that the death penalty will be imposed in spite of factors which may call for a less severe penalty." Lockett, 438 U. S., at 605. To do so therefore breaks the promise made in Brown that the imposition of the punishment of death will "reflect a reasoned moral response to the defendant's background, character, and crime." 479 U. S., at 545 (emphasis deleted).
For these reasons, I dissent.
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