Does a jury have to be told that if it returns a death verdict, the sentence of death will inexorably be carried out?

California, United States of America


The following excerpt is from People v. WALLACE, 189 P.3d 911, 44 Cal.4th 1032, 81 Cal.Rptr.3d 651 (Cal. 2009):

We have previously explained that because of the possibility of appellate reversal or gubernatorial commutation or pardon, it would be inaccurate and therefore erroneous to instruct the jury that if it returns a death verdict, the sentence of death will inexorably be carried out. [Citations.] ( People v. Kipp (1998) 18 Cal.4th 349, 378, 75 Cal.Rptr.2d 716, 956 P.2d 1169.) The trial court was therefore correct in refusing defendant's proffered instruction. Furthermore, the instruction the trial court gave sufficiently addressed any questions or concerns the jury may have had regarding its sentencing choice. ( Id. at pp. 378-379, 75 Cal.Rptr.2d 716, 956 P.2d 1169.)

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