in order for the members to render their verdicts. Id. at 193, 96 S.Ct. 2909. “When erroneous instructions are given, retrial is often required. It is quite simply a hallmark of our legal system that juries be carefully and adequately guided in their deliberations.” Id. If the possibility exists that the jury returned a verdict of death upon an erroneous ground, a remand for resentencing is required. Mills v. Maryland, 486 U.S. 367, 377, 108 S.Ct. 1860, 100 L.Ed.2d 384 (1988). The question thus has raged for almost forty years since the re-imposition of capital punishment in America: what constitutes an erroneous ground? With an assurance that the punishment of death is proportionate to the crime charged, cf Kennedy v. Louisiana, 554 U.S. 407, 128 S.Ct. 2641,171 L.Ed.2d 525 (2008) (<HOLDING>), “the States enjoy their traditional latitude
holding that the eighth amendment prohibits the punishment of death for a defendant convicting of raping a child holding that the eighth amendment prohibits the state from inflicting the penalty of death upon a prisoner who is insane holding that the eighth amendment to the united states constitution prohibits the execution of mentally retarded individuals holding that a death sentence for a conviction for the rape of a child where the crime did not result and was not intended to result in death of the victim was barred by the eighth amendment holding that the eighth amendment prohibits states from inflicting the death penalty upon a defendant who is insane