What are the factors used by courts to determine whether a defendant has a grave risk of death?

California, United States of America


The following excerpt is from People v. Singer, B302163 (Cal. App. 2020):

Banks cites a nonexhaustive list of factors articulated in Tison v. Arizona (1987) 481 U.S. 137, 157 that courts may consider in analyzing a defendant's participation in criminal activity and whether it carries a grave risk of death. Those factors are: "What role did the defendant have in planning the criminal enterprise that led to one or more deaths? What role did the defendant have in supplying or using lethal weapons? What awareness did the defendant have of particular dangers posed by the nature of the crime, weapons used, or past experience or conduct of the other participants? Was the defendant present at

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