In what circumstances will a jury in a capital case be able to determine the appropriate sentence?

In People v. Friend (1957) 47 Cal.2d 749, 306 P.2d 463, we commented upon the lack of guidance or information afforded the jury in choosing the appropriate sentence in a capital case: "The character and scope of evidence pertinent to punishment which should be received in a case wherein the jury is required to fix the penalty, is a subject which could well receive legislative attention. This state has long since accepted the view (as recognized and implemented by the indeterminate

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