Ayers, Acting Warden v. Belmontes — Stevens, J., dissenting

Summary

Justice Stevens dissents, arguing the trial court's jury instructions limited the jury's consideration of mitigating evidence to circumstances that "extenuate the gravity of the crime," thereby excluding evidence of Belmontes' potential for rehabilitation in prison. He contends there was a reasonable likelihood the jury was misled by the instructions, prosecutor, and defense counsel into believing they could not consider such forward-looking evidence under the Eighth Amendment. Justice Scalia, concurring, adheres to the view that limiting a jury's discretion to consider all mitigating evidence does not violate the Eighth Amendment.