The Supreme Court has held that a capital sentencing instruction to juries not to be swayed by "mere sympathy, passion, prejudice or public opinion" undermines the defendant's ability to present mitigating evidence and violates the 8th and 14th Amendments.

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The Supreme Court has not categorically held that such instructions violate the 8th and 14th Amendments, but it has emphasized the importance of allowing juries to consider mitigating evidence.

The Supreme Court Has Held That a Capital Sentencing Instruction