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Juries that make decisions at variance with the constitution are overruled on appeal. Apparently I am not making myself clear. As it was explained to me when I took constitutional law, the constitution is the basis for all US law and laws or judicial decisions made at variance to the constitution do not stand up on appeal. Any lawyer worth his or her fee is capable of bringing an appeal on such an obvious basis.

Neither of us seems to be communicating effectively with the other. There are a whole lot of decisions that are neither at variance with the Constitution nor required by the Constitution. Considering the context of an event is neither required nor forbidden. While I despise "Dr." Kevorkian, I would not respond to someone who helped a close relative suffering from painful and terminal cancer to commit suicide in the same way as I would respond to the pervert who killed Polly Hannah Klaas, even if the prosecution proved the elements of first degree murder in both cases. That is why criminal law and the sentencing guidelines provide a range of punishments, and that is as it should be and not in any way required by or in conflict with the Constitution. I do not advocate unconstitutional acts from our courts, but considering both mitigating and aggravating circumstances in no way conflicts with the Constitution.