Does a defendant have to prove a burden of proof in the weighing of aggravating and mitigating circumstances?
California, United States of America
The following excerpt is from People v. Jones, 135 Cal.Rptr.2d 370, 30 Cal.4th 1084, 70 P.3d 359 (Cal. 2003):
In conclusion, California death penalty statutes do not provide for a burden of proof in the weighing of aggravating and mitigating circumstances, and no constitutional authority imposes that requirement. (People v. Michaels, supra, 28 Cal.4th at p. 541, 122 Cal.Rptr.2d 285, 49 P.3d 1032, and cases there cited.) We therefore adhere to our decisions rejecting defendant's contention.
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