California, United States of America
The following excerpt is from People v. Andrews, 260 Cal.Rptr. 583, 49 Cal.3d 200, 776 P.2d 285 (Cal. 1989):
We rejected such a claim in People v. Lucky, supra, 45 Cal.3d at page 302, 247 Cal.Rptr. 1, 753 P.2d 1052, where we said: "It is true that 'mere chronological age of itself should not be deemed an aggravating factor.' (Rodriguez, supra, 42 Cal.3d at p. 789 [230 Cal.Rptr. 667, 726 P.2d 113], italics added and deleted; ...) By the same token, mere chronological age of itself should not be deemed a mitigating factor. Age alone is plainly 'a factor over which one can exercise no control' (Rodriguez, supra, at p. 789 [230 Cal.Rptr. 667, 726 P.2d 113] ) and as such is not relevant to the issue of penalty.... [p] In our view, the word 'age' in statutory sentencing factor (i) is used as a metonym for any age-related matter suggested[776 P.2d 306] by the evidence or by common experience or morality that might reasonably inform the choice of penalty. Accordingly, either counsel may argue any such age-related inference in every case."
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