Is it improper for a prosecutor to advise the jury of the automatic appeal to this court whenever the death penalty is imposed?

California, United States of America


The following excerpt is from People v. Ramos, 207 Cal.Rptr. 800, 37 Cal.3d 136, 689 P.2d 430 (Cal. 1984):

For just this reason, over a quarter of a century ago we held in People v. Linden, supra, 52 Cal.2d 1, 27, 338 P.2d 397, that it is improper for a prosecutor to advise the jury of the automatic appeal to this court whenever the death penalty is [37 Cal.3d 158] imposed: "[Jurors] should approach the tasks of finding facts and exercising discretion as to choice of penalty with appreciation that their duties are serious and that they are accountable for their decisions, not with the feeling that they are making mere tentative determinations which the courts can correct. The [jurors] have no concern with and should not be informed of the automatic appeal where judgment of death is imposed .... [p] Argument such as that of the deputy district attorney above quoted improperly diminishes the [jurors'] recognition of their duties and responsibilities and powers." This reasoning applies equally to an instruction which directs the jury's attention to the gubernatorial commutation power.

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