Does the prosecution have the burden of persuasion regarding the existence of aggravating factors?
California, United States of America
The following excerpt is from People v. Mitchell, 248 Cal.Rptr.3d 587, 443 P.3d 1, 7 Cal.5th 561 (Cal. 2019):
The federal Constitution does not require the court to instruct the jury that the prosecution has the burden of persuasion regarding the existence of aggravating factors, nor is the court required to instruct the jury that there is no applicable burden of proof. ( People v. Mendoza (2016) 62 Cal.4th 856, 916, 198 Cal.Rptr.3d 445, 365 P.3d 297 ;
[443 P.3d 19]
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