Does the death penalty apply in an arbitrary or capricious manner?
California, United States of America
The following excerpt is from People v. Wilson, 11 Cal.5th 259, 277 Cal.Rptr.3d 24, 484 P.3d 36 (Cal. 2021):
There is no basis in our precedent to conclude that a trier of fact imposes the death penalty in an arbitrary or capricious manner when the trier of fact considers the circumstances of the crime under section 190.3, factor (a). ( People v. Fayed (2020) 9 Cal.5th 147, 213, 260 Cal.Rptr.3d 761, 460 P.3d 1149.)
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