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. Lopez, 235 Cal.Rptr.3d 64, 420 P.3d 878, 5 Cal.5th 339 (Cal. 2018):
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.)
[235 Cal.Rptr.3d 91]
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