California, United States of America
The following excerpt is from People v. Webster, 285 Cal.Rptr. 31, 54 Cal.3d 411, 814 P.2d 1273 (Cal. 1991):
Indeed, we have stressed that any ambiguity in the earlier standard factor (a)-(b) instruction was unlikely to cause prejudice. Unless invited to do so by the prosecutor, we observed, "jurors are unlikely to give the circumstances of the current crime greater weight in the penalty determination simply because they appear to be included in two separate categories of statutory 'aggravation.' " ( People v. Melton, supra, 44 Cal.3d at p. 763, 244 Cal.Rptr. 867, 750 P.2d 741.) No such exploitation occurred here.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.