What difference does a hung jury at the penalty phase of a criminal trial make to the outcome of the guilt trial?

California, United States of America

The following excerpt is from People v. Diaz, 11 Cal.Rptr.2d 353, 3 Cal.4th 495, 834 P.2d 1171 (Cal. 1992):

31 The differences between a hung jury at the penalty phase and a hung jury at the guilt phase were far greater in People v. Robertson, supra, 48 Cal.3d 18, 255 Cal.Rptr. 631, 767 P.2d 1109. Under the law at that time, if the jury at the defendant's first penalty trial had been unable to reach a verdict, the trial court would have been obligated to impose a sentence of life without parole. (See former 190.4, subd. (b).) Under present law, set forth in the text, there is no difference until two penalty phase juries have been unable to reach a verdict; even then, the court is not obligated to impose a sentence of life without parole, although it then has an option to do so.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does section 190.3 of the California Criminal Code require a penalty phase jury to consider a defendant's unadjudicated criminal activity as a mitigating factor in the penalty phase? (California, United States of America)

If a criminal commits a crime in a different county than the one where the crime was committed, would that change the outcome of the criminal trial if the crime occurred in the other county? (California, United States of America)

In a penalty retrial of a convicted murderer, what is the effect of a hung jury at the penalty phase of his penalty trial? (California, United States of America)

In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)

Does a defendant have grounds to argue that a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction at the guilt phase? (California, United States of America)

What is the test for granting a motion for a new trial based on comments made by a juror during deliberations during the penalty phase of a death penalty trial? (California, United States of America)

In what circumstances will the defense not give a final argument at the penalty and guilt phases of a criminal trial? (California, United States of America)

Is proof of guilt of a crime by a unanimous jury required at the penalty phase of a death penalty trial? (California, United States of America)

Is a jury's error at the guilt and penalty phases of a death penalty trial invalid? (California, United States of America)

Is there any case law where the trial court allowed the use of photographs of a murder victim as evidence in the penalty phase of a death penalty? (California, United States of America)

What difference does a hung jury at the penalty phase of a criminal trial make to the outcome of the guilt trial?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources