This section contains the nature of the case and procedural background.

D was found guilty by a jury of forcible rape and first-degree murder in the death of 15-year-old Susan J. At the penalty trial, the State presented evidence that D had raped another young girl some years prior to his attack on Susan J. D presented the testimony of several family members, who recounted d's peaceful nature and expressed disbelief that d was capable of such a brutal crime. A psychiatrist stated that D killed his victim because of his shame and fear over sexual dysfunction. D stated that he was ashamed of his prior criminal conduct and asking for mercy from the jury. The trial court instructed the jury to consider the aggravating and mitigating circumstances and to weigh them in determining the appropriate penalty. The court cautioned the jury that it 'must not be swayed by mere sentiment, conjecture, sympathy, passion, prejudice, public opinion or public feeling.' D was sentenced to death. The Supreme Court of California reversed the sentence of death. It held that federal constitutional law forbids an instruction which denies a capital defendant the right to have the jury consider any 'sympathy factor' raised by the evidence when determining the appropriate penalty.

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