In what circumstances will a jury consider "other crimes" in determining a defendant's sentence?

California, United States of America


The following excerpt is from People v. Rich, 248 Cal.Rptr. 510, 45 Cal.3d 1036, 755 P.2d 960 (Cal. 1988):

In this case, all of the "other crimes" evidence was admitted during the guilt phase of defendant's trial. Most of this evidence was presented by the defense in an effort to establish diminished capacity, and except as noted below the prosecutor did not ask the jury to consider it in determining defendant's sentence. No reasonable doubt instruction was required as to these crimes. (People v. Williams (Keith Daniel) (1988) 44 Cal.3d 883, 958-959, 245 Cal.Rptr. 336, 751 P.2d 395.)

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