Is a prospective juror allowed to ask prospective jurors about mitigation or aggravation in a death penalty case?

California, United States of America


The following excerpt is from The People v. Nunez, B215886, No. SA057247 (Cal. App. 2010):

To support his claim, appellant relies heavily on People v. Cash (2002) 28 Cal.4th 703. In that death penalty case, Cash's counsel was not allowed to ask a prospective juror whether there were "'any particular crimes' or 'any facts' that would cause that juror 'automatically to vote for the death penalty.'" (Id. at p. 719.) Counsel argued this question was necessary because the jury would learn during the penalty phase that Cash previously had killed his elderly grandparents. The trial court denied the request with this comment: "'I am not permitting you to ask them about any specific acts of mitigation or aggravation, as that would[,] in my opinion[,] have them prejudge the evidence.'" (Ibid.)

Other Questions


What is the difference between a prospective juror and prospective jury in a death penalty case? (California, United States of America)
What is the difference between a prospective juror and prospective jury in a death penalty case? (California, United States of America)
What is the test for identifying aggravating and mitigating factors in a death penalty case? (California, United States of America)
How has the Court interpreted the "totality" of the aggravating and mitigating circumstances in an instruction in a death penalty case? (California, United States of America)
Can a prospective juror's views about the death penalty "prevent or substantially impair" his duties as a juror? (California, United States of America)
Does a prosecutor's decision not to seek the death penalty in death penalty cases violate the federal or state constitution? (California, United States of America)
What is the test for selecting a prospective juror for a death penalty case? (California, United States of America)
In a death penalty case, in what circumstances will the defense counsel object to the prosecutor's remarks that the lack of mitigating evidence supports a death sentence? (California, United States of America)
Is there any case law where the trial court allowed the use of photographs of a murder victim as evidence in the penalty phase of a death penalty? (California, United States of America)
In a death penalty case, in what circumstances will the jury award the death penalty? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.