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 to require that the jury base any death sentence on written findings." ( People v. Elliot (2005) 37 Cal.4th 453, 488, 35 Cal.Rptr.3d 759, 122 P.3d 968.) "The phrase whether or not in section 190.3, factors (d)-(h) and (j) does not unconstitutionally suggest that the absence of a mitigating factor is to be considered
[260 Cal.Rptr.3d 822]
as an aggravating circumstance." ( People v. Wall (2017) 3 Cal.5th 1048, 1073, 224 Cal.Rptr.3d 861, 404 P.3d 1209.) " We have consistently held that unanimity with respect to aggravating factors is not required by statute or as a constitutional procedural safeguard. " ( Ibid . )
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