How have the courts treated references to a defendant's background and character as an aggravating factor?

California, United States of America


The following excerpt is from People v. Mayfield, 14 Cal.4th 668, 60 Cal.Rptr.2d 1, 928 P.2d 485 (Cal. 1997):

15 In an aside, defendant argues that the prosecutor's comments amounted to improperly urging the jury to consider defendant's background and character as an aggravating factor. (See People v. Edelbacher, supra, 47 Cal.3d 983, 1033, 254 Cal.Rptr. 586, 766 P.2d 1.) We disagree. The prosecutor argued as aggravating factors the circumstances of the crime, defendant's prior convictions, and his prior violent criminal behavior. References to defendant's character and background were intended to rebut the defense evidence and the anticipated defense argument that these were entitled to substantial mitigating weight.

16 Defense counsel argued:

Other Questions


Is a defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty? (California, United States of America)
How have courts treated "character and conduct" as an aggravating factor in a sexual assault case? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
How have the courts treated the nonstatutory aggravating factor in determining that a defendant's remorse was not sincere at the penalty phase? (California, United States of America)
How have the courts treated a defendant's claim that counsel failed to object to the trial court's incorrect belief that he had expressed no remorse at his initial sentencing hearing? (California, United States of America)
How does the Court treat a claim by a defendant that an issue raised and decided in the trial court resulted in constitutional violations? (California, United States of America)
Is a defendant's Special Instruction No. 3 required to inform the jury that it is free to select a sentence of life without parole even if the aggravating factors outweigh the mitigating factors? (California, United States of America)
How have courts interpreted section 190.3(1) of the California Criminal Code when determining aggravation and mitigation factors in aggravation? (California, United States of America)
Does the denial of access to the courts by the Department of Justice to defend a civil case against a defendant who is not able to pay for a lawyer to represent him in court constitute a prima facie equal protection violation? (California, United States of America)
In what circumstances will a trial court be required to identify a particular sentencing factor as an aggravating or mitigating factor? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.