Is a defendant entitled to a life sentence based on a prospective juror's belief that life sentence is more severe than death?

California, United States of America


The following excerpt is from People v. Manibusan, S094890 (Cal. 2013):

intractably opposed to the death penalty that they are subject to challenge for cause . . . , but who nonetheless are substantially opposed to the death penalty"]; People v. McDermott (2002) 28 Cal.4th 946, 976 (McDermott) [upholding challenge based on prospective juror's belief that life sentence is more severe than death].)

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