How has the court interpreted sentencing instructions in a murder case?

California, United States of America


The following excerpt is from People v. Danielson, 13 Cal.Rptr.2d 1, 3 Cal.4th 691, 838 P.2d 729 (Cal. 1992):

[838 P.2d 743] As will appear, the court gave instructions that were comparable to those requested by defendant. Thus, the court substantially modified the terms of [3 Cal.4th 717] former CALJIC No. 8.84.1, factor (k) to clarify the jury's responsibility to consider "any sympathetic or other aspect of the defendant's character or record that the defendant offers as a basis for a sentence less than death, whether or not related to the offenses for which he is on trial." (See People v. Easley (1983) 34 Cal.3d 858, 878, fn. 10, 196 Cal.Rptr. 309, 671 P.2d 813.) Additionally, the court directed the jury to disregard guilt phase instructions that told the jury not to be swayed by sympathy.

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