Does the Eighth Amendment require a jury to consider the consequences of a breakdown in the deliberative process?

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").

Other Questions


What is the effect of an amendment to Proposition 36 of the California Constitution requiring the Attorney General to produce a copy of the law where the law is amended or amended? (California, United States of America)
Does a midtrial amendment need to be amended or amended? (California, United States of America)
Does a trial court's instructional error on the "natural and probable consequences" rule deny a defendant due process of law under the Fourteenth Amendment? (California, United States of America)
Does the absence of written or other specific findings by the jury regarding aggravating factors deprive defendant of his due process and Eighth Amendment rights to meaningful appellate review? (California, United States of America)
What are the consequences of failing to make a reasoned legal argument in a motion to amend and sustain a demurrer to any cause of action in the first amended complaint? (California, United States of America)
Can a motion to amend be considered as if it was abandoned because counsel failed to make a written amendment to the complaint? (California, United States of America)
Does the absence of written or other specific findings by the jury regarding aggravating factors deprive defendant of his federal due process and Eighth Amendment rights to meaningful appellate review? (California, United States of America)
What is the difference between the requirement of proof beyond a reasonable doubt and the test required by the Sixth Amendment? (California, United States of America)
Does the absence of written or other specific findings by the jury regarding aggravating factors deprive defendant of his due process and Eighth Amendment rights to meaningful appellate review? (California, United States of America)
What is required by the Eighth Amendment to prohibit the use of the death penalty? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.