Can a jury consider "any other circumstance which extenuates the gravity of the crime"?

California, United States of America


The following excerpt is from People v. Mickle, 284 Cal.Rptr. 511, 54 Cal.3d 140, 814 P.2d 290 (Cal. 1991):

39 The jury was instructed that, under section 190.3, factor (k), it could consider "any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime and any sympathetic or other aspect of the defendant's character or record that the defendant offers as a basis for a sentence less than death, whether or not related to the offense for which he is on trial." The italicized language modifies and more than satisfies standard instructional language set forth in People v. Easley (1983) 34 Cal.3d 858, 878, footnote 10, 196 Cal.Rptr. 309, 671 P.2d 813.

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