Is the death penalty statute deficient because it does not require that the jury be instructed on the presumption of life?
California, United States of America
The following excerpt is from People v. Homick, 150 Cal.Rptr.3d 1, 289 P.3d 791, 55 Cal.4th 816 (Cal. 2012):
[129] (10) The death penalty statute is not deficient because it does not require that the jury be instructed on the presumption of life, nor was there any error because the jury was not so instructed. ( People v. Young (2005) 34 Cal.4th 1149, 1233, 24 Cal.Rptr.3d 112, 105 P.3d 487.)
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