Does a rule barring the death penalty on jury deadlock benefit the defense?
California, United States of America
The following excerpt is from People v. Rhoades, 255 Cal.Rptr.3d 453, 453 P.3d 89, 8 Cal.5th 393 (Cal. 2019):
in just judgments." " ( People v. Jackson , supra , 1 Cal.5th at p. 356, 205 Cal.Rptr.3d 386, 376 P.3d 528.) That a rule barring retrial of penalty on jury deadlock would benefit the defense does not demonstrate that the opposite rule, allowing retrial in order to provide the People a full opportunity to prove their case for the death penalty, deprives defendants of any right to which they are constitutionally entitled.
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