Is a defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty?

California, United States of America

The following excerpt is from People v. Jennings, 251 Cal.Rptr. 278, 46 Cal.3d 963, 760 P.2d 475 (Cal. 1988):

Defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty is one rejected by this court in several recent cases. As we explained in People v. Melton, supra, 44 Cal.3d 713, 770-771, 244 Cal.Rptr. 867, 750 P.2d 741, giving instructions as to all of the statutory aggravating and mitigating factors ensures that the jury is aware of the complete range of factors that the state considers relevant to the penalty determination. With that knowledge the jury is better able to place

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