In what circumstances will a jury award the death penalty during the penalty phase?

California, United States of America


The following excerpt is from People v. McDaniel, S171393 (Cal. 2021):

In People v. Prieto (2003) 30 Cal.4th 226, we further explained that because the penalty jury merely weighs the factors enumerated in section 190.3 and determines whether a defendant eligible for the death penalty should in fact receive that sentence...' [citation] [n]o single factor therefore determines which penalty - death or life without the possibility of parole - is appropriate. []... [And] [b]ecause any finding of aggravating factors during the penalty phase does not increase[ ] the penalty for a crime beyond the prescribed statutory maximum' [citation], Ring imposes no new constitutional requirements on California's penalty phase proceedings. (Id. at p. 263.)

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