Does a defendant have to overcome a "considerable burden" to challenge a penalty as cruel or unusual?

Is a defendant's failure to testify at the penalty phase an error not to instruct the jury to refrain from drawing any inference from the fact that defendant did not testify at penalty phase? (California, United States of America)

What is the test for challenging a defendant's claim that the challenged penalty is far too high for a less serious crime in other jurisdictions? (California, United States of America)

What is the difference between cruel and/or unusual and cruel and unusual? (California, United States of America)

Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)

Does a defendant's failure to object below that his LWOP sentence was cruel and unusual? (California, United States of America)

Does the death penalty violate the state constitutional prohibition against cruel or unusual punishment? (California, United States of America)

Does not offend equal protection principles by failing to provide capital defendants with the same procedural safeguards as non-capital defendants at the penalty phase? (California, United States of America)

Is there a conflict of interests between codefendants in a trial where one defendant and the other defendant are seeking to avoid the death penalty? (California, United States of America)

If defendant means the law does not adequately limit and direct the sentencer's role in determining penalty, what is the current state of the law on penalty? (California, United States of America)

In a penalty case, in what circumstances will the court allow the jury to instruct the jury on a defendant's failure to testify in the penalty phase? (California, United States of America)