Can a jury consider the leniency granted to an accomplice as a mitigating factor at the penalty phase?

California, United States of America


The following excerpt is from People v. Romero, 191 Cal.Rptr.3d 855, 354 P.3d 983, 62 Cal.4th 1 (Cal. 2015):

Romero contends the trial court erroneously refused to instruct the jury it could consider Munoz's sentence as a mitigating factor. We have consistently held that evidence of an accomplice's sentence or of the leniency granted an accomplice is irrelevant at the penalty phase because it does not shed any light on the circumstances of the offense or the defendant's character, background, history or mental condition. [Citations.] Nothing in Parker v. Dugger (1991) 498 U.S. 308 [111 S.Ct. 731, 112 L.Ed.2d 812], relied on by defendant, compels a different result. (People v. Maciel (2013) 57 Cal.4th 482, 549, 160 Cal.Rptr.3d 305, 304 P.3d 983.) Moreover, the court permitted counsel to remind the jury of Munoz's sentence so long as he did not compare it to what the defendants could possibly receive as a sentence in this case.

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