Can a jury impose a life sentence without parole even if it finds no mitigating evidence?
California, United States of America
The following excerpt is from People v. Johnson, 23 Cal.Rptr.2d 593, 6 Cal.4th 1, 859 P.2d 673 (Cal. 1993):
Defendant contends the court erred in failing to instruct the jury that it could impose a sentence of life imprisonment without parole even if it found no mitigating evidence whatever. (See People v. Duncan, supra, 53 Cal.3d at p. 979, 281 Cal.Rptr. 273, 810 P.2d 131 [jury may determine "even in the absence of mitigating evidence" that the aggravating evidence is insubstantial].) We disagree.
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