California, United States of America
The following excerpt is from People v. Waidla, 22 Cal.4th 690, 94 Cal.Rptr.2d 396, 996 P.2d 46 (Cal. 2000):
22. Compare Jones v. United States, supra, 527 U.S. at page 382, 119 S.Ct. at p. 2099 (rejecting a claim of error based on a trial court's refusal to instruct the jury in its charge at the selection phase of a federal capital trial on the consequences of a jury's inability to reach a unanimous verdict as to penalty: the "Eighth Amendment [does not] require[] a jury be instructed as to the consequences of a breakdown in the deliberative process").
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