How have the jury been advised to consider potentially mitigating evidence in the closing argument of a murder trial?

These facts, however, do not undermine my conclusion. To begin with, I have serious doubt that the jurors were effectively informed of their obligation to consider the potentially mitigating evidence presented at the guilt phase. To be sure, the court told them that in determining penalty they should take into account "any ... aspect of defendant's character ... that defendant proffers as a basis for a sentence less than death." (Italics added.) But as stated above, defendant did not proffer any such evidence. Further, [48 Cal.3d 1244] both defendant and the prosecutor forcefully argued that no such evidence existed in the record. In any event, the jurors received insufficient guidance as to how they might consider the potentially mitigating evidence. Plainly, evidence does not declare its own weight and significance. (See Herring v. New York, supra, 422 U.S. at pp. 856-864, 95 S.Ct. at pp. 2552-2556 [discussing the constitutionally fundamental importance of closing argument in the adversary process].) The jurors did not receive guidance on the consideration of potentially mitigating evidence from both a prosecution and a defense perspective. Rather, they were told by both the prosecutor and defendant that there was no such evidence for them to consider. ²