California, United States of America
The following excerpt is from People v. Ramos, 180 Cal.Rptr. 266, 30 Cal.3d 553, 639 P.2d 908 (Cal. 1982):
As we have seen, even in non-capital cases the vast majority of American jurisdictions preclude a jury from considering the gubernatorial pardon power in determining an appropriate criminal sentence. In a capital case, this general principle rises to a constitutional predicate. As the United States Supreme Court has explained: "Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. Because of that qualitative difference, there is a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case." (Woodson v. North Carolina, supra, 428 U.S. at p. 305, 96 S.Ct. at 2991.)
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