In a death penalty case, in what circumstances will the jury award the death penalty?

In the penalty phase the jury was fully apprised of all the factors properly bearing upon whether defendant was eligible for, and deserved, the death penalty. There was, of course, defendant's relative youth, evidence that he had a difficult childhood, and evidence that prior to the murder he had to some degree embraced religion and impressed others with his sincerity in this regard. However, "nothing in prior decisions of this court, or of the federal courts, suggests that his punishment is constitutionally disproportionate to 'the offense' or 'the offender.' " ( People v. Melton, supra, 44 Cal.3d at p. 771, 244 Cal.Rptr. 867, 750 P.2d 741.)

[755 P.2d 355]