Does section 190.3 of the California Criminal Code require a penalty phase jury to consider a defendant's unadjudicated criminal activity as a mitigating factor in the penalty phase?

A penalty phase jury may consider a defendant's unadjudicated criminal activity and need not agree unanimously or beyond a reasonable doubt that the defendant committed the unadjudicated crimes. (People v. Barnwell (2007) 41 Cal.4th 1038, 1059; People v. Hoyos (2007) 41 Cal.4th 872, 927.)

The use of restrictive adjectives, such as "extreme" and "substantial," in section 190.3's list of potential mitigating factors does not render it unconstitutional. (People v. Stevens, supra, 41 Cal.4th at p. 213.)