What is the test for the constitutionality of section 190.3(1) of the Criminal Code, and what is the scope of the test?

Defendant broadly attacks the constitutionality of section 190.3, which enumerates the factors deemed relevant to the capital sentencing determination. Defendant argues that submission to the penalty jury of factors (a) (circumstances of the capital crime), (b) (other violent criminal activity), and (i) (defendant's age at time of crime), without further clarifying language not identified here, precludes a meaningful and guided distinction between those murders that warrant the death penalty and those that do not. ¹¹ Assuming without deciding that section 190.3 is subject to such "vagueness" concerns (see Stringer v. Black (1992) 503 U.S. 222, 112 S.Ct. 1130, [117 L.Ed.2d 367] ), we reject this claim.