Is the death penalty unconstitutional for failing to "adequately narrow" the class of murderers eligible for the penalty?
California, United States of America
The following excerpt is from People v. Fayed, 260 Cal.Rptr.3d 761, 460 P.3d 1149, 9 Cal.5th 147 (Cal. 2020):
"The death penalty is not unconstitutional for failing broadly to adequately narrow the class of murderers eligible for the death penalty. " ( People v. Simon (2016) 1 Cal.5th 98, 149, 204 Cal.Rptr.3d 380, 375 P.3d 1.) Contrary to defendants claim, we " repeatedly have held that consideration of the circumstances of the crime under section 190.3, factor (a) does not result in arbitrary
[460 P.3d 1200]
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