Does a jury need to "assume" or "presume" that the sentence in the penalty phase will be carried out?

California, United States of America


The following excerpt is from People v. Dalton, 247 Cal.Rptr.3d 273, 441 P.3d 283, 7 Cal.5th 166 (Cal. 2019):

People v. Letner and Tobin (2010) 50 Cal.4th 99, 206, 112 Cal.Rptr.3d 746, 235 P.3d 62 [disapproving of instructing a penalty phase jury to " assume or presume that the sentence will be carried out"].)

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