Can a jury be misled as to their discretion and responsibility in making a penalty decision?

California, United States of America


The following excerpt is from People v. Hernandez, 253 Cal.Rptr. 199, 47 Cal.3d 315 (Cal. 1988):

The prosecutor agreed with defense counsel's remarks that the jury should not just count factors but rather should examine the quality of factors and determine the proper penalty which in their view should be imposed on this defendant. We conclude from a review of all these remarks that the jurors could not have been misled as to their discretion and responsibility in making the penalty decision. (And see People v. Siripongs (1988) 45 Cal.3d 548, 581-582, 247 Cal.Rptr. 729, 754 P.2d 1306.)

Other Questions


Is a delay in making a decision not a discretionary or a ministerial decision? (California, United States of America)
Is a delay in making a decision not a discretionary or a ministerial decision? (California, United States of America)
What is the test for ministerial discretion in making a land use decision? (California, United States of America)
What is the test for determining whether a judge has abused his discretion in making a decision in a personal injury case? (California, United States of America)
Can a court make a record of the documents it examines before making a decision on a Pitchess motion? (California, United States of America)
Does a prosecutor's decision not to seek the death penalty in death penalty cases violate the federal or state constitution? (California, United States of America)
In a death penalty case, can a jury be misled into believing that the sentencing decision lies elsewhere? (California, United States of America)
In a penalty retrial of a convicted murderer, what is the effect of a hung jury at the penalty phase of his penalty trial? (California, United States of America)
What is the test for determining whether a defendant lacks capacity to make decisions regarding the administration of psychotropic medication? (California, United States of America)
Can a defendant be found guilty of making threatening telephone calls during the penalty phase? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.