Is a defendant's history of violence relevant to the sentencing of a defendant in a capital sentencing trial?

California, United States of America


The following excerpt is from People v. Anderson, 106 Cal.Rptr.2d 575, 22 P.3d 347, 25 Cal.4th 543 (Cal. 2001):

Defendant analogizes to the rule that failure to instruct sua sponte on all the elements of a charged offense, thus relieving the prosecution of its burden to prove each such element beyond a reasonable doubt, is serious constitutional error. (See People v. Flood (1998) 18 Cal.4th 470, 479-480, 76 Cal.Rptr.2d 180, 957 P.2d 869.) The analogy is inapt. The defendant's history of criminal violence is relevant to the ultimate issue in a capital sentencing trial, but that issue is the appropriate penalty for the defendant's already-proven capital crimes, not whether the defendant committed the specific elements of additional criminal offenses.

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