What is the burden of proof in determining the appropriate penalty in a capital case?
California, United States of America
The following excerpt is from People v. Allen, F067704 (Cal. App. 2015):
11. The determination of the appropriate penalty in a capital case "'is "essentially moral and normative ..., and therefore ... there is no burden of proof or burden of persuasion. [Citation.]" [Citation.]' [Citations.]" (People v. McKinzie (2012) 54 Cal.4th 1302, 1362.)
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