The United States Supreme Court in Penry v. Lynaugh and the United States Court of Appeals for the Fifth Circuit in Bigby v. Dretke have been clear in their decisions that jury instructions in death penalty cases that do not ask about mitigating factors regarding the defendant's mental health violate the defendant's Eighth Amendment rights, saying that the jury is to be instructed to consider mitigating factors when answering unrelated questions. This ruling suggests that specific explanations to the jury are necessary to weigh mitigating factors. COUNT 4
QSN1 In what court was Bigby v. Dretke decided? ANS1 United States Court of Appeals for the Fifth Circuit QSN2 What court heard the case Penry v. Lynaugh? ANS2 United States Supreme Court QSN3 What amendment to the Constitution did Penry v. Lynaugh address? ANS3 Eighth QSN4 What sentencing factors did Bigby v. Dretke consider? ANS4 mitigating