Can a jury refuse to consider the deterrent or nondeterrent effect of the death penalty?
California, United States of America
The following excerpt is from People v. Gomez, 240 Cal.Rptr.3d 315, 430 P.3d 791, 6 Cal.5th 243 (Cal. 2018):
We have held that a trial court may refuse to instruct the jury not to consider the deterrent or nondeterrent effect of the death penalty "where neither party raise[s] the issue of either the cost or the deterrent effect of the death penalty.... " ( People v. Zamudio (2008) 43 Cal.4th 327, 371, 75 Cal.Rptr.3d 289, 181 P.3d 105, quoting People v. Brown (2003) 31 Cal.4th 518, 566, 3 Cal.Rptr.3d 145, 73 P.3d 1137.)
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