What is the test for a defendant to argue that due process requires a jury to determine that death is the appropriate penalty?
California, United States of America
The following excerpt is from People v. Miranda, 241 Cal.Rptr. 594, 44 Cal.3d 57, 744 P.2d 1127 (Cal. 1987):
Defendant contends that due process requires a jury to determine beyond a reasonable doubt that the circumstances in aggravation outweigh those in mitigation and that death is the appropriate penalty. We rejected a similar claim in People v. Rodriguez, supra, 42 Cal.3d 730, 777-779, 230 Cal.Rptr. 667, 726 P.2d 113.
g) Failure to Instruct That No Inferences Are to be Drawn From Defendant's Silence.
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