Does a jury have a constitutional obligation to consider mitigating factors at the death penalty phase?

8. "The trial court was not constitutionally required to inform the jury that certain sentencing factors are relevant only in mitigation, and the statutory instruction to the jury to consider 'whether or not' certain mitigating factors were present did not unconstitutionally suggest that the absence of such factors amounted to aggravation." (People v. Whisenhunt (2008) 44 Cal.4th 174, 228.)

9. California's use of the death penalty law does not violate international norms of humanity and decency. (People v. Jones, supra, 57 Cal.4th at p. 981.)

Page 105

The guilt and penalty phase judgments are affirmed in their entirety.