Is the death penalty statute not unconstitutional despite not requiring a finding beyond a reasonable doubt that an aggravating circumstance has been proved?

California, United States of America

The following excerpt is from People v. Krebs, 255 Cal.Rptr.3d 95, 452 P.3d 609, 8 Cal.5th 265 (Cal. 2019):

The death penalty statute is not unconstitutional despite not requiring "findings beyond a reasonable doubt that an aggravating circumstance (other than Pen. Code, 190.3, factor (b) or (c) evidence) has been proved, that the aggravating factors outweighed the mitigating factors, or that death is the appropriate sentence." ( People v. Rangel (2016) 62 Cal.4th 1192, 1235, 200 Cal.Rptr.3d 265, 367 P.3d 649.)

"Because capital defendants and noncapital defendants are not similarly situated,

[452 P.3d 674]

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