Does a defendant have a right to have all elements of a special circumstance determined by a jury?
California, United States of America
The following excerpt is from People v. Beltran, 210 Cal.App.3d 1295, 258 Cal.Rptr. 884 (Cal. App. 1989):
Odle relied on Cabana v. Bullock (1986) 474 U.S. 376, 106 S.Ct. 689, 88 L.Ed.2d 704 in concluding that a defendant does not have a federal constitutional right to have all elements of a special circumstance determined by a jury.
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