How have the courts treated the issue of due process in death penalty cases?
California, United States of America
The following excerpt is from People v. Grant, 248 Cal.Rptr. 444, 45 Cal.3d 829, 755 P.2d 894 (Cal. 1988):
Next defendant contends his due process rights were violated when the court failed to instruct the jurors that they could impose the death penalty only if they were convinced beyond a reasonable doubt that the aggravating factors outweighed those in mitigation and that death was the [45 Cal.3d 858] appropriate penalty. The point is without merit. ( People v. Allen, supra, 42 Cal.3d at p. 1285, 232 Cal.Rptr. 849, 729 P.2d 115.)
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