Is a jury required to produce a written finding of aggravating and mitigating factors?

California, United States of America

The following excerpt is from People v. Vargas, 265 Cal.Rptr.3d 604, 468 P.3d 1121, 9 Cal.5th 793 (Cal. 2020):

penalty is death, that aggravating factors outweigh those in mitigation, or that all aggravating factors have been proved beyond a reasonable doubt. ( People v. Mendez (2019) 7 Cal.5th 680, 717, 249 Cal.Rptr.3d 49, 443 P.3d 896.) There is no requirement that the jury make written findings of aggravating and mitigating factors. ( Ibid . ) And juries are not subject to a unanimity requirement when they are deciding whether a particular factor in aggravation is present. ( Ibid . )

[9 Cal.5th 839]

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