Does a jury have to consider a defendant's age at the time of the crime as an aggravating factor in their sentencing?
California, United States of America
The following excerpt is from People v. Allen, 232 Cal.Rptr. 849, 42 Cal.3d 1222, 729 P.2d 115 (Cal. 1986):
Pursuant to former CALJIC No. 8.84.1, subdivision (i), the jury was instructed to consider defendant's age at the time of the crime in its weighing of aggravating and mitigating factors. In People v. Rodriguez (1986) 42 Cal.3d 730, 789, 230 Cal.Rptr. 667, 726 P.2d 113, we held that age "should not of itself be deemed an aggravating factor." (Emphasis in original.)
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