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 People v. Lee, 11 Cal. Daily Op. Serv. 2447, 122 Cal.Rptr.3d 117, 2011 Daily Journal D.A.R. 2921, 248 P.3d 651, 51 Cal.4th 620 (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, 33 Cal.Rptr.3d 509, 118 P.3d 545.)
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