Brown v. Sanders

Summary

The Supreme Court held that an invalidated sentencing factor renders a death sentence unconstitutional only if it adds an improper element to the aggravation scale without another factor allowing the sentencer to weigh the same facts. Reversing the Ninth Circuit, the Court concluded California’s 'circumstances of the crime' factor allowed proper consideration despite invalid special circumstances. Justice Stevens and Justice Breyer dissented, arguing the Court modified settled weighing/non-weighing distinctions.