 
 <prompt> Wetin be di mitigating factor we dey worry about for di passage? Based on di previous question, write one context wey contain di answer. E fit be 1 - 20 sentences. Context: <response>: The United States Supreme Court for Penry v. Lynaugh and the United States Court of Appeals for the Fifth Circuit for Bigby v. Dretke don talk say for death penalty cases, if jury instructions no dey ask about the things wey fit reduce the punishment based on the defendant mental health, e dey violate the defendant Eighth Amendment rights. Dem say make the jury dey consider these things when dem dey answer other questions wey no relate to am. Dis ruling dey show say e dey important make dem explain well well to the jury so dem fit consider these things. 