Is there a burden of proof at the penalty phase?
California, United States of America
The following excerpt is from People v. Mora, 235 Cal.Rptr.3d 92, 420 P.3d 902, 5 Cal.5th 442 (Cal. 2018):
We have consistently concluded there is no burden of proof at the penalty phase. ( People v. Gamache (2010) 48 Cal.4th 347, 406, 106 Cal.Rptr.3d 771, 227 P.3d 342.) The trial court is under no obligation to instruct the jury that neither party bears the burden of proof. ( People v. Leonard , supra , 40 Cal.4th 1370, 1429, 58 Cal.Rptr.3d 368, 157 P.3d 973.)
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