Is the law requiring a jury to produce written findings when the jury is not able to produce the written findings?
California, United States of America
The following excerpt is from People v. Brown, 15 Cal.Rptr.3d 624, 33 Cal.4th 382, 93 P.3d 244 (Cal. 2004):
(5) The absence of a requirement the jury make written findings does not render the law unconstitutional. (People v. Jenkins, supra, 22 Cal.4th at p. 1053, 95 Cal.Rptr.2d 377, 997 P.2d 1044.)
(6) Nor is it defective in failing to require intercase proportionality review. (People v. Prieto, supra, 30 Cal.4th at p. 276, 133 Cal.Rptr.2d 18, 66 P.3d 1123.)
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