What is the effect of the prosecutor's comments to the jury in a death penalty trial?

California, United States of America


The following excerpt is from People v. Cunningham, 108 Cal.Rptr.2d 291, 25 Cal.4th 926, 25 P.3d 519 (Cal. 2001):

It is apparent from the foregoing context that the prosecutor's comments did not refer to the possibility of defendant's being released from prison. Instead, the prosecutor admonished the jurors to consider and weigh the penalty and not vote for the death penalty automatically as defendant in effect had done with his victims. There is no reasonable likelihood that the jury understood the argument in the manner urged by defendant. (People v. Sanders, supra, 11 Cal.4th 475, 526, 46 Cal.Rptr.2d 751, 905 P.2d 420.)

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