Is a jury required to agree unanimously that mitigating factors apply?
California, United States of America
The following excerpt is from People v. Edward, 233 Cal.Rptr.3d 439, 418 P.3d 360, 5 Cal.5th 1 (Cal. 2018):
The trial court is not required to instruct the jury that it need not agree unanimously on whether mitigating factors apply. ( People v. Breaux (1991) 1 Cal.4th 281, 314315, 3 Cal.Rptr.2d 81, 821 P.2d 585.)
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