Does a prosecutor's decision not to seek the death penalty render the law unconstitutionally vague or arbitrary?
California, United States of America
The following excerpt is from The People v. Lee, No. CR-67398, S080550 (Cal. 2011):
Prosecutorial discretion in the decision whether to seek the death penalty in a given case does not render the law unconstitutionally vague or arbitrary. (People v. Harris, supra, 37 Cal.4th at p. 366.)
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