Does a prosecutor's decision not to seek the death penalty render the law unconstitutional?
California, United States of America
The following excerpt is from People v. Jennings, 114 Cal.Rptr.3d 133, 237 P.3d 474, 50 Cal.4th 616 (Cal. 2010):
Prosecutorial discretion in deciding whether to seek the death penalty in a particular case does not render the law unconstitutional.
[114 Cal.Rptr.3d 198]
( People v. Kraft, supra, 23 Cal.4th at p. 1078, 99 Cal.Rptr.2d 1, 5 P.3d 68.)
[237 P.3d 529]
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