Can the death penalty be imposed only if the jury finds that the aggravating circumstances outweigh the mitigating?
California, United States of America
The following excerpt is from People v. McDaniel, S171393 (Cal. 2021):
CALJIC 8.88 clearly stated that the death penalty could be imposed only if the jury found that the aggravating circumstances outweighed mitigating. There was no need to additionally advise the jury of the converse.... (People v. Duncan (1991) 53 Cal.3d 955, 978.)
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