270
Opinion of the Court
stitutional principles. This conclusion is confirmed by the context in which the instructions were given. The court directed the jurors to base their decision on "all the evidence" and to impose a life sentence if they believed the evidence so warranted, there was extensive testimony as to Buchanan's family background and mental and emotional problems, and counsel made detailed arguments on the mitigating evidence. Because the parties in effect agreed that there was substantial mitigating evidence and that the jury had to weigh that evidence against Buchanan's conduct in making a discretionary decision on the appropriate penalty, there is not a reasonable likelihood that the jurors understood the instructions to preclude consideration of relevant mitigating evidence. Pp. 275-279.
103 F. 3d 344, affirmed.
Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, post, p. 279. Breyer, J., filed a dissenting opinion, in which Stevens and Ginsburg, JJ., joined, post, p. 280.
Gerald T. Zerkin, by appointment of the Court, 520 U. S. 1227, argued the cause for petitioner. With him on the brief were Frank K. Friedman, John H. Blume, and Mark E. Olive.
Richard Cullen, Attorney General of Virginia, argued the cause for respondent. With him on the brief were David E. Anderson, Chief Deputy Attorney General, and Katherine P. Baldwin, Assistant Attorney General.*
Chief Justice Rehnquist delivered the opinion of the Court.
This case calls on us to decide whether the Eighth Amendment requires that a capital jury be instructed on the concept of mitigating evidence generally, or on particular statutory mitigating factors. We hold it does not.
*Lisa Kemler filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging reversal.
Kent S. Scheidegger filed a brief for the Criminal Justice Legal Foundation as amicus curiae urging affirmance.
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