What is the current state of the law on death sentences in death penalty cases?

California, United States of America


The following excerpt is from People v. Sheldon, 258 Cal.Rptr. 242, 48 Cal.3d 935, 771 P.2d 1330 (Cal. 1989):

Defendant observes that the jury was instructed in the unadorned statutory language that "If you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose the sentence of death." He suggests that these instructions were inadequate to inform the jury that it should find the "appropriate" penalty for defendant [48 Cal.3d 954] regardless of the number or weight of the applicable aggravating and mitigating factors. (See People v. Edelbacher (1989) 47 Cal.3d 983, 1035-1041, 254 Cal.Rptr. 586, 766 P.2d 1; People v. Allen, supra, 42 Cal.3d 1222, 1276-1277, 232 Cal.Rptr. 849, 729 P.2d 115; People v. Brown (1985) 40 Cal.3d 512, 541, 230 Cal.Rptr. 834, 726 P.2d 516.)

Other Questions


Does a prosecutor's decision not to seek the death penalty in death penalty cases violate the federal or state constitution? (California, United States of America)
In what circumstances will the court review the imposition of the death penalty in a death penalty case? (California, United States of America)
In a death penalty case, in what circumstances will the jury award the death penalty? (California, United States of America)
Is Section 190.1 of the California Death Penalty Code applicable to a case in which the death penalty may be imposed? (California, United States of America)
If defendant means the law does not adequately limit and direct the sentencer's role in determining penalty, what is the current state of the law on penalty? (California, United States of America)
What is the principal problem with a proposed instruction in a death penalty case where the jury is instructed to accept a sentence of death or life without possibility of parole? (California, United States of America)
What is the current state of the law on sentencing discretion in sentencing cases? (California, United States of America)
In a death penalty case, in what circumstances will the defense counsel object to the prosecutor's remarks that the lack of mitigating evidence supports a death sentence? (California, United States of America)
When a prospective juror says that he supports the death penalty because he believes it is a deterrent, what is the current state of the law on the issue? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.