Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof?

California, United States of America


The following excerpt is from People v. Kopatz, 186 Cal.Rptr.3d 797, 347 P.3d 952, 61 Cal.4th 62 (Cal. 2015):

The jury need not make written findings, or achieve unanimity as to specific aggravating circumstances, or find beyond a reasonable doubt that an aggravating circumstance is proved (except for other crimes), that aggravating circumstances outweigh mitigating circumstances, or that death is the appropriate penalty. [Citations.] The death penalty statute is not unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof for finding aggravating and mitigating circumstances in reaching a penalty determination. ' (People v. Streeter,

[347 P.3d 976]

supra,

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