Is it a violation of the Eighth Amendment for the prosecution to ask questions from the victims' family members at the penalty phase of a capital trial regarding the impact of the murders?

California, United States of America


The following excerpt is from People v. Penunuri, 233 Cal.Rptr.3d 324, 418 P.3d 263, 5 Cal.5th 126 (Cal. 2018):

family members at the penalty phase of a capital trial regarding the impact of the murders is constitutionally permissible, "the admission of a victim's family members' characterizations and opinions about the crime, the defendant, and the appropriate sentence violates the Eighth Amendment." ( Payne v. Tennessee (1991) 501 U.S. 808, 830, fn. 2, 111 S.Ct. 2597, 115 L.Ed.2d 720.) Here, the trial court erroneously permitted the prosecution to ask questions designed to elicit from the victims' family members their opinions of Penunuri and the appropriate sentence for him.

Other Questions


Is it a violation of the Eighth Amendment for the prosecution to ask questions from the victims' family members at the penalty phase of a capital trial regarding the impact of the murders? (California, United States of America)
Does the prosecution need to ask the jury to identify with the surviving victim of a attempted murder, who also witnessed the murder of her two sons, at the penalty phase? (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 penalty retrial of a convicted murderer, what is the effect of a hung jury at the penalty phase of his penalty trial? (California, United States of America)
Does the use of a single penalty form encompassing the death penalty for the murder of more than one victim in a murder case have to be reconsidered? (California, United States of America)
Does Defendant have to admit to giving a victim impact testimony at the guilt phase of a murder trial? (California, United States of America)
Does Defendant have to admit to giving a victim impact testimony at the guilt phase of a murder trial? (California, United States of America)
Can a defendant argue that the failure to dismiss jurors from a jury during the sentencing phase of a trial has violated his right to a reliable verdict under the Eighth Amendment? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
What is the test for granting a motion for a new trial based on comments made by a juror during deliberations during the penalty phase of a death penalty trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.