Does the penalty of death on death row apply to a defendant who killed two people in a motor vehicle accident?

California, United States of America


The following excerpt is from People v. Benson, 276 Cal.Rptr. 827, 52 Cal.3d 754, 802 P.2d 330 (Cal. 1990):

16 Having reviewed the record in its entirety, we conclude that the jury found that defendant actually killed, and intended to kill, the victims within the meaning of Enmund v. Florida (1982) 458 U.S. 782, 788-801, 102 S.Ct. 3368, 3371-3379, 73 L.Ed.2d 1140.) We also conclude that these findings are amply supported and adopt them as our own. Accordingly, we hold that imposition of the penalty of death on defendant does not violate the Eighth Amendment. (See Cabana v. Bullock (1986) 474 U.S. 376, 386, 106 S.Ct. 689, 697, 88 L.Ed.2d 704.)

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