Can a jury be instructed as to the definition of "life without possibility of parole"?

California, United States of America


The following excerpt is from People v. Johnson, 255 Cal.Rptr. 569, 47 Cal.3d 1194, 767 P.2d 1047 (Cal. 1989):

13 Defendant contends the trial court should have instructed sua sponte as to the definition of "life without possibility of parole" and as to the jury's obligation to assume there would never be parole, particularly where voir dire revealed this to be a significant concern of at least one trial juror. We held in People v. Thompson (1988) 45 Cal.3d 86, 129-131, 246 Cal.Rptr. 245, 753 P.2d 37, that the court did not err in refusing to give a similar instruction that the defendant had requested. A fortiori it is not error to fail to instruct sua sponte.

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