What is the impact of section 190.3 of the California Criminal Code on the application of the death penalty?

California, United States of America

The following excerpt is from People v. Vines, 11 Cal. Daily Op. Serv. 5955, 124 Cal.Rptr.3d 830, 2011 Daily Journal D.A.R. 7133, 251 P.3d 943, 51 Cal.4th 830 (Cal. 2011):

[85] In assertedly failing to genuinely narrow the class of persons eligible for the death penalty generally, or more specifically because the special circumstances are so numerous or so broad ( People v. Abilez, supra, 41 Cal.4th at p. 533, 61 Cal.Rptr.3d 526, 161 P.3d 58);
Due to the asserted overbreadth of section 190.3, factor (a), which permits the jury to consider the circumstances of the crime as an aggravating factor ( People v. Abilez, supra, 41 Cal.4th at p. 533, 61 Cal.Rptr.3d 526, 161 P.3d 58);

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