Is a trial court required to instruct a jury that there is a presumption of life and a jury need not be unanimous in finding mitigating factors?

California, United States of America


The following excerpt is from People v. Beck, 256 Cal.Rptr.3d 1, 453 P.3d 1038, 8 Cal.5th 548 (Cal. 2019):

The trial court need not instruct that there is a presumption of life, or that a jury need not be unanimous in finding the existence of a mitigating factor. ( People v. Adams (2014) 60 Cal.4th 541, 581, 179 Cal.Rptr.3d 644, 336 P.3d 1223 ;

[8 Cal.5th 671]

People v. Moore (2011) 51 Cal.4th 1104, 11391140, 127 Cal.Rptr.3d 2, 253 P.3d 1153.) Nor is the trial court required to instruct the jury that mitigating circumstances need not be proved beyond a reasonable doubt. ( Kansas v. Carr , supra , 577 U.S. at p. , [136 S.Ct. at p. 642] ["our case law does not require capital sentencing courts to affirmatively inform the jury that mitigating circumstances need not be proved beyond a reasonable doubt "]; accord, Samayoa , supra , 15 Cal.4th at p. 862, 64 Cal.Rptr.2d 400, 938 P.2d 2.)

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