Does a prosecutor's decision not to seek the death penalty in death penalty cases violate the federal or state constitution?
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):
A prosecutor's discretion to select those eligible cases in which the death penalty is sought does not offend the federal or state Constitution. ( People v. Tafoya, supra, 42 Cal.4th at p. 198, 64 Cal.Rptr.3d 163, 164 P.3d 590.)
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