William J. Brennan, Jr., Blystone v. Pennsylvania — Dissenting Opinion
“ When the jury pressed for a definition of mitigation, the judge stated that " [t] he Legislature has determined what constitutes mitigating circumstances" and proceeded to list the statutory mitigating factors. App. 16. When pressed further for a definition of the last mitigating circumstance-"any other evidence of mitigation concerning the character of the defendant and the circumstances of his offense"-the judge said, " [t] his is pretty broad and allows you a great latitude in determining what you might consider to be a mitigating circumstance." ”
