California v. Brown (479 U.S. 538)
U.S. Supreme Court · decided January 27, 1987 · Supreme Court Database (Spaeth)
- Citation
- 479 U.S. 538 · 107 S. Ct. 837
- Decided
- January 27, 1987
- Term
- October Term 1986
- Vote
- 5–4
- Majority author
- Justice Rehnquist
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Chief Justice Rehnquist delivered the opinion of the Court. The question presented for review in this case is whether an instruction informing jurors that they “must not be swayed by mere sentiment, conjecture, sympathy, passion, prejudice, public opinion or public feeling” during the penalty phase of a capital murder trial violates the Eighth and Fourteenth Amendments to the United States Constitution. We hold that it does not. Respondent Albert Brown was found guilty by a jury of forcible rape and first-degree murder in the death of 15-year-old Susan J. At the penalty phase, the State presented evidence that respondent had raped another young girl some years prior to his attack on Susan J. Respondent presented the testimony of several family members, who recounted respondent’s peaceful nature and expressed disbelief that respondent was capable of such a brutal crime. Respondent also presented the testimony of a psychiatrist, who stated that Brown killed his victim because of his shame and fear over sexual dysfunction. Brown himself testified, stating that he was ashamed of his prior criminal conduct and asking for mercy from the jury. California Penal Code Ann. § 190.3 (West Supp. 1987) provides that capital defendants may introduce at the penalty phase any evidence “as to any matter relevant to . . . mitigation . . . including, but not limited to, the nature and…
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