Does a jury have to consider all of the mitigation evidence presented by defendant in mitigation?

California, United States of America


The following excerpt is from People v. Griffin, 15 Cal.Rptr.3d 743, 33 Cal.4th 536, 93 P.3d 344 (Cal. 2004):

Defendant argues that without the instructions he requested, a reasonable likelihood exists (see People v. Clair, supra, 2 Cal.4th at p. 663, 7 Cal.Rptr.2d 564, 828 P.2d 705) that the jury was misled into believing it was precluded from considering and giving effect to at least some of the evidence that he presented in mitigation, in violation of the cruel and unusual punishment clause of the Eighth Amendment to the United States Constitution and the due process clause of the Fourteenth Amendment. But having received an instruction expressly declaring that it had to "consider all of the evidence" and could "consider, take into account and be guided by" any factor including "[a]ny ... aspect of the defendant's character or record that the defendant offers as a basis for a sentence less than death," the jury adequately was advised that it could consider and give effect to all of the evidence presented by defendant in mitigation.26

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