Read the following excerpt from a US court opinion:
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are not under oath and not subject to cross-examination.” United States v. Chong, supra, 104 F. Sup. 2d 1234 n.5. Moreover, it is important to remember that “[t]he imposition of death by public authority is . . . profoundly different from all other penalties . . . .” Lockett v. Ohio, supra, 438 U.S. 605. In a capital sentencing proceeding, there is no verdict of “not guilty”—rather, a capital defendant who is not sentenced to death will receive a sentence of life imprisonment. Therefore, because the potential harm from an erroneous sentencing verdict is far greater for the defendant than it is for the state, the balance of equities requires that any inaccuracies in the capital sentencing process be resolved in favor of the defendant. See State v. Rizzo, supra, 266 Conn. 233-34
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What is the most suitable continuation to the opinion? Your options are:
A. holding that recidivism may support the imposition of a severe penalty
B. holding the death penalty excessive punishment for the crime of rape
C. holding that the penalty is applicable
D. holding that leaning towards the death penalty is not the same as an automatic vote for the death penalty
E. recognizing the unique and irrevocable nature of the death penalty and    the consequently overarching need for reliability in the imposition of such a penalty
Reply with [A, B, C, D, E] only.