Does the court have an obligation to instruct the jury to consider sentencing factors only if applicable?

California, United States of America


The following excerpt is from People v. Bonin, 250 Cal.Rptr. 687, 46 Cal.3d 659, 758 P.2d 1217 (Cal. 1988):

We believe, however, that the court adequately instructed the jury in this regard. As we concluded above (see pt. IV.B.2, ante ), the court properly directed the jurors to consider the sentencing factors only "if applicable." Defendant argues in substance that the court should have amplified or explained its words. But when as here the instruction under challenge is adequate, the court is under no obligation to amplify or explain in the absence of a request. ( People v. Anderson, supra, 64 Cal.2d at p. 639, 51 Cal.Rptr. 238, 414 P.2d 366.)

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