Does a court have any authority to instruct a jury not to consider deterrence or cost?

California, United States of America


The following excerpt is from People v. Benson, 276 Cal.Rptr. 827, 52 Cal.3d 754, 802 P.2d 330 (Cal. 1990):

13 We recognize that there is language in People v. Thompson, supra, 45 Cal.3d 86, 132, 246 Cal.Rptr. 245, 753 P.2d 37, which might perhaps be read to support the proposition that it would be proper for a court to instruct the jury not to consider deterrence or cost whenever the defendant so requests: "it would not have been error to give this requested instruction to forestall consideration of deterrence or cost...." The language, however, should not be read so broadly: its focus is solely the case under review. In any event, the words constitute dictum.

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