Does the penalty phase jury need to make a written finding?
California, United States of America
The following excerpt is from People v. Miracle, 240 Cal.Rptr.3d 381, 430 P.3d 847, 6 Cal.5th 318 (Cal. 2018):
"The penalty phase jury is not required by the federal Constitution to make written findings. [Citation.] This conclusion is not altered by the high courts decision in Hurst v. Florida (2016) 577 U.S. [136 S.Ct. 616, 193 L.Ed.2d 504]." ( Henriquez , supra , 4 Cal.5th 1, 45-47, 226 Cal.Rptr.3d 69, 406 P.3d 748.)
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