The following excerpt is from Jeffers v. Ricketts, 832 F.2d 476 (9th Cir. 1987):
6 The majority in effect challenges the constitutionality of any capital sentencing system which recognizes an aggravating circumstance as open-ended as A.R.S. 13-703(F)(6). Inevitably, courts must draw difficult lines between ordinary first degree murder and those murders which are committed in an "especially heinous, cruel, or depraved" manner. But the constitution is satisfied where state courts draw lines based on "rational criteria that narrow the decisionmaker's judgment as to whether the circumstances of a particular defendant's case meet the threshold [below which the death penalty cannot be imposed]." McClesky v. Kemp, --- U.S. at ----, 107 S.Ct. at 1774 (emphasis added).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.