In what circumstances will a prosecutor argue to a jury that the law relieves jurors of full responsibility to determine whether a defendant should live or die?

California, United States of America


The following excerpt is from People v. Guzman, 248 Cal.Rptr. 467, 45 Cal.3d 915, 755 P.2d 917 (Cal. 1988):

This is the third case in recent months in which we consider a prosecutor's argument designed to persuade a jury that the law in some fashion relieves jurors of full responsibility to determine whether a defendant should live or die. In People v. Hendricks (1988) 44 Cal.3d 635, 244 [45 Cal.3d 980] Cal.Rptr. 181, 749 P.2d 836, the prosecutor told the penalty jury that they were finders of fact, that while they had a very important decision to make, the law " 'takes a little bit of sting out in the sense that you have to decide facts. Once you decide, if you do, that the aggravating circumstances outweigh the

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