Is a jury required to be instructed on the burden of proof during the penalty phase?
California, United States of America
The following excerpt is from People v. Turner, 20 Cal.Rptr.3d 182, 34 Cal.4th 406, 99 P.3d 505 (Cal. 2004):
(5) The jury need not be instructed on the burden of proof during the penalty phase because the sentencing function is "not susceptible to a burden-of-proof quantification." (People v. Hawthorne (1992) 4 Cal.4th 43, 79, 14 Cal.Rptr.2d 133, 841 P.2d 118.)
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