Does a jury have to consider the power of the Governor's pardon power in determining a criminal sentence in a capital case?

California, United States of America


The following excerpt is from People v. Ramos, 180 Cal.Rptr. 266, 30 Cal.3d 553, 639 P.2d 908 (Cal. 1982):

As we have seen, even in non-capital cases the vast majority of American jurisdictions preclude a jury from considering the gubernatorial pardon power in determining an appropriate criminal sentence. In a capital case, this general principle rises to a constitutional predicate. As the United States Supreme Court has explained: "Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. Because of that qualitative difference, there is a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case." (Woodson v. North Carolina, supra, 428 U.S. at p. 305, 96 S.Ct. at 2991.)

Other Questions


In a capital crime case, how has the Court considered the sentencing of an accomplice as a factor in determining the upper term sentence? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
What is the test for determining a determinate sentence in a criminal case? (California, United States of America)
Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)
Does the court have a duty to advise the jury regarding the Governor's power to commute both a death sentence and a sentence of life without parole? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
In what circumstances will a jury in a capital case be able to determine the appropriate sentence? (California, United States of America)
What is the impact of race discrimination in sentencing sentencing in criminal cases? (California, United States of America)
How should a jury consider other criminal activity at the penalty phase of a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.