The case of Kansas v. Gleason was chosen by the U.S. Supreme Court to answer the question of, “Does the eighth amendment require that a capital-sentencing jury be affirmatively instructed that mitigating circumstances need not be proven beyond a reasonable doubt?” I believe that the U.S. Supreme Court should say yes. I think this because mitigating circumstances have a tendency to be slightly if not entirely subjective. This does not violate the eighth amendment, which protects individuals from cruel and unusual punishment. Deciding on mitigating circumstances, when figuring the punishment of the defendant, is not a form of cruel and unusual punishment. There is not any way that I can think of, that a mitigating circumstance that the