How have courts interpreted age as an aggravating or mitigating factor in sentencing factors?

California, United States of America


The following excerpt is from People v. Nicolaus, 286 Cal.Rptr. 628, 54 Cal.3d 551, 817 P.2d 893 (Cal. 1991):

The jury was properly instructed. In People v. Lucky (1988) 45 Cal.3d 259, 247 Cal.Rptr. 1, 753 P.2d 1052, we explained that mere chronological age is not in and of itself an aggravating or mitigating factor. "In our view, the word 'age' in statutory sentencing factor (i) is used as a metonym for any age-related matter suggested by the evidence or by common experience of morality that might reasonably inform the choice of penalty. Accordingly, either counsel may argue such age-related inference in every case." (Id. at p. 302, 247 Cal.Rptr. 1, 753 P.2d 1052.)

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