Can a jury be misled by the unadorned instruction of the prosecutor and defense counsel that the jury has sole responsibility to determine whether death is appropriate in this case?

California, United States of America


The following excerpt is from People v. Babbitt, 248 Cal.Rptr. 69, 45 Cal.3d 660, 755 P.2d 253 (Cal. 1988):

In light of the arguments of both the prosecutor and defense counsel, the jury could not have been misled by the unadorned instruction about its sole responsibility to determine, based on its individualized weighing discretion, whether death was appropriate in this case. (See People v. Allen, supra, 42 Cal.3d at pp. 1278-1280, 232 Cal.Rptr. 849, 729 P.2d 115; People v. Miranda, supra, 44 Cal.3d at p. 104, 241 Cal.Rptr. 594, 744 P.2d 1127.)

E. Reference to Inapplicable Statutory Mitigating Factors.

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