What is the test for a sentence of life without parole in a murder case?
California, United States of America
The following excerpt is from People v. Frederickson, 258 Cal.Rptr.3d 114, 457 P.3d 1, 8 Cal.5th 963 (Cal. 2020):
him- or herself what weight that activity should be given in deciding the penalty. " ( People v. Demetrulias (2006) 39 Cal.4th 1, 41, 45 Cal.Rptr.3d 407, 137 P.3d 229 ( Demetrulias ).)
The trial court need not instruct the jury that it must return a sentence of life without the possibility of parole if it finds that mitigation outweighs aggravation. ( People v. Duncan (1991) 53 Cal.3d 955, 978, 281 Cal.Rptr. 273, 810 P.2d 131.)
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