What is the test for determining whether a defendant's death sentence is disproportionate to his individual culpability and moral guilt?

California, United States of America


The following excerpt is from People v. Wilson, 114 P.3d 758, 30 Cal.Rptr.3d 513, 36 Cal.4th 309 (Cal. 2005):

Intercase proportionality review is not required. (People v. Griffin, supra, 33 Cal.4th at p. 596, 15 Cal.Rptr.3d 743, 93 P.3d 344.) Moreover, under intra case review, defendant's death sentence is not disproportionate to his individual culpability and moral guilt. (See People v. Steele (2002) 27 Cal.4th 1230, 1269, 120 Cal.Rptr.2d 432, 47 P.3d 225.) Defendant robbed and murdered Swader, who trusted defendant by employing him and allowing him to live in his home for a period of time. Defendant shot Swader twice in the head while he was asleep in order to take his money. Later, while in custody, defendant solicited the murder of a key prosecution witness who could place defendant and Swader together before the crimes. Moreover, contrary to defendant's suggestion, the alleged greater culpability of another person is irrelevant for purposes of intracase proportionality review. (See People v. Beardslee (1991) 53 Cal.3d 68, 111-112, 279 Cal.Rptr. 276, 806 P.2d 1311.)

Other Questions


What is the test for determining whether a defendant's sentence is proportionate to his individual culpability? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)
What is the test for determining whether a punishment is grossly disproportionate to a defendant's individual culpability? (California, United States of America)
Is the death penalty disproportionate to a defendant's individual culpability? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant is entitled to a disproportionate sentence? (California, United States of America)
What is the test for a jury to determine whether a defendant should be sentenced to death instead of life without parole? (California, United States of America)
Can the Court of Appeal strike a sentence of death against a defendant who has been convicted of murder and sentenced to death by reason of gross negligence? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.