Does a jury have to agree on the same factors in aggravation before it can return a verdict of death?

California, United States of America


The following excerpt is from People v. Mayfield, 14 Cal.4th 668, 60 Cal.Rptr.2d 1, 928 P.2d 485 (Cal. 1997):

Defendant contends that the trial court erred when it refused his request to instruct the jury that it must find beyond a reasonable doubt each of the following: (1) one or more aggravating factors are present, (2) aggravating factors outweigh mitigating factors, and (3) death is the appropriate punishment for defendant in this case. The court did not err in declining to give the requested instructions. (People v. Visciotti, supra, 2 Cal.4th 1, 67-68, 5 Cal.Rptr.2d 495, 825 P.2d 388.)

Defendant contends that the trial court erred when it refused his request to instruct the jury that before it could return a verdict of death all 12 jurors had to agree on the same factors in aggravation. The trial court did not [14 Cal.4th 807] err; our death penalty law does not require this form of jury unanimity. (People v. Price, supra, 1 Cal.4th 324, 490, 3 Cal.Rptr.2d 106, 821 P.2d 610.)

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