Does prior criminal activity constitute an aggravating factor in the penalty phase?
California, United States of America
The following excerpt is from People v. Lucky, 221 Cal.Rptr. 880, 41 Cal.3d 315, 710 P.2d 959 (Cal. 1985):
3 The court properly instructed the jury that prior criminal activity could not be considered as an aggravating factor unless such acts were proven beyond a reasonable doubt. (See People v. Robertson (1982) 33 Cal.3d 21, 53-55, 188 Cal.Rptr. 77, 655 P.2d 279.) The court also instructed on the elements of the various crimes relevant to the penalty phase evidence.
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