Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Casares, 198 Cal.Rptr.3d 167, 364 P.3d 1093, 62 Cal.4th 808 (Cal. 2016):
Permitting the penalty phase jury to consider the "circumstances of the crime" within the meaning of section 190.3 does not result in the arbitrary and capricious imposition of the death penalty. (People v. Kennedy (2005) 36 Cal.4th 595, 641, 31 Cal.Rptr.3d 160, 115 P.3d 472.)
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