Is a defendant's lack of remorse a factor in determining whether he committed a homicide?

California, United States of America


The following excerpt is from People v. White, C088326 (Cal. App. 2019):

4. "Absence of remorse is irrelevant to prove that a defendant committed a homicide, but it may be relevant, because it sheds light on the defendant's mental state, in determining the degree of the homicide or the existence of special circumstances." (People v. Michaels (2002) 28 Cal.4th 486, 528.) We do not read the prosecutor's comments here to argue only that defendant's lack of remorse was evidence of his mental state, such as that it was not the attitude one would expect from someone who had been forced to kill in self-defense. Instead, the argument clearly suggested that defendant's lack of remorse and accountability at trial was proof of his guilt generally.

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