Does a jury need to consider the possibility that the Governor may commute the death sentence against a convicted murderer?
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):
Almost 20 years ago, in People v. Morse (1964) 60 Cal.2d 631, 36 Cal.Rptr. 201, 388 P.2d 33, this court held prejudicially erroneous an instruction that told the jury that in deciding whether or not to impose the death sentence upon a convicted defendant it should consider the possibility that the Governor might commute the sentence or that the prison authorities might eventually grant defendant parole.
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