California, United States of America
The following excerpt is from People v. O'Malley, 199 Cal.Rptr.3d 1, 365 P.3d 790, 62 Cal.4th 944 (Cal. 2016):
(5) "Neither the cruel and unusual punishment clause of the Eighth Amendment, nor the due process clause of the Fourteenth Amendment, requires that jurors in a capital case be instructed that they must find beyond a reasonable doubt that ... aggravating circumstances outweigh mitigating circumstances.... Indeed, trial courts 'should not instruct the jury regarding any burden of proof or persuasion at the penalty phase.' [Citation.] ' "Unlike the guilt determination, 'the sentencing function is inherently moral and normative, not factual' [citation] and, hence, not susceptible to a burden-of-proof quantification." ' [Citations.]" (People v. Linton, supra, 56 Cal.4th at pp. 12151216, 158 Cal.Rptr.3d 521, 302 P.3d 927.)
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