Is the death penalty unconstitutional for failing to require proof beyond a reasonable doubt?

California, United States of America


The following excerpt is from People v. Henriquez, 226 Cal.Rptr.3d 69, 4 Cal.5th 1, 406 P.3d 748 (Cal. 2017):

The death penalty is not unconstitutional " for failing to require proof beyond a reasonable doubt that aggravating factors exist, outweigh the mitigating factors, and render death the appropriate punishment. [Citation.]" ( People v. Simon , supra , 1 Cal.5th at p. 149, 204 Cal.Rptr.3d 380, 375 P.3d 1.) Nor is the jury required to find unanimously and beyond a reasonable doubt that aggravating factors outweigh mitigating factors. ( People v. Jones (2017) 3 Cal.5th 583, 618-619, 220 Cal.Rptr.3d 618, 398 P.3d 529 ( Jones ).) This conclusion is not altered by the decisions

[226 Cal.Rptr.3d 108]

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