Does the imposition of the death penalty violate the Eighth Amendment?

California, United States of America


The following excerpt is from People v. Masters, 199 Cal.Rptr.3d 85, 365 P.3d 861, 62 Cal.4th 1019 (Cal. 2016):

and unusual punishment under the Eighth Amendment [citation]; nor does 'regular' imposition of the death penalty violate the Eighth Amendment on the ground that ' "[i]nternational law is a part of our law" ' [citation]. To the extent defendant contends the errors and due process violations that occurred at his trial also violate international law, his claim fails because we have found no such errors or due process violations. International law does not prohibit a sentence of death rendered in accordance with state and federal constitutional and statutory requirements. [Citations.]" (People v. Lee (2011) 51 Cal.4th 620, 654, 122 Cal.Rptr.3d 117, 248 P.3d 651.)

" 'Defendant was not entitled to an instruction regarding a presumption of life.' [Citation.]" (People v. DeHoyos (2013) 57 Cal.4th 79, 150, 158 Cal.Rptr.3d 797, 303 P.3d 1.)

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