How have the courts treated mitigating evidence in a mental health case?

California, United States of America


The following excerpt is from People v. Rhoades, 255 Cal.Rptr.3d 453, 453 P.3d 89, 8 Cal.5th 393 (Cal. 2019):

arguing defendant had a "normal childhood" and had shown "no reason for him to turn into a rotten egg." We disagree. The prosecutors argument was that the family background the defense had presented should be given no weight as mitigation: it was a "zero" on the scales. Prosecutors may properly point out the absence of mitigating evidence. ( People v. Wader (1993) 5 Cal.4th 610, 659, fn. 9, 20 Cal.Rptr.2d 788, 854 P.2d 80.) The defendants argument, moreover, was forfeited by his failure to lodge an objection and seek a jury admonition. ( Id. at p. 659, 20 Cal.Rptr.2d 788, 854 P.2d 80.)

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