S. Schane, LIGN 105, Law & Language

Written assignment – California v. Brown

This case concerns an instruction given to a jury in the sentencing phase of a capital case. The issue is whether this jury instruction was in violation of the defendant’s Eighth and Fourteenth Amendment rights for the introduction of mitigating circumstances in his favor. Read the case (pp. 192-196 in Language and the Law) and then answer the following questions.

1. In your own words state the nature of the linguistic ambiguity found in the wording of this jury instruction.

2. From a legal perspective what is the difference between ‘sympathy’ and ‘mere sympathy’?

3. What conclusion does the Supreme Court reach—i.e. according to the major opinion as stated by Chief Justice Rehnquist?

4. Give two arguments from Justice Brennan’s dissenting opinion against the reasoning of the major opinion.