Can a juror attach the "aggravating" label to factors that are constitutionally impermissible or totally irrelevant to the sentencing process?
California, United States of America
The following excerpt is from People v. Benson, 276 Cal.Rptr. 827, 52 Cal.3d 754, 802 P.2d 330 (Cal. 1990):
Further, a reasonable juror could not have "attached the 'aggravating' label to factors that are constitutionally impermissible or totally irrelevant to the sentencing process, ... or to conduct that actually should militate in favor of a lesser penalty...." (Zant v. Stephens, supra, 462 U.S. at p. 885, 103 S.Ct. at p. 2747.)
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