Is it wrong to tell the jury that the penalty of death or life without possibility of parole will inexorably be carried out?

California, United States of America


The following excerpt is from People v. Ashmus, 2 Cal.Rptr.2d 112, 54 Cal.3d 932, 820 P.2d 214 (Cal. 1991):

5 In People v. Thompson (1988) 45 Cal.3d 86, 246 Cal.Rptr. 245, 753 P.2d 37, we observed that "It is ... incorrect to tell the jury the penalty of death or life without possibility of parole will inexorably be carried out...." (Id. at p. 130, 246 Cal.Rptr. 245, 753 P.2d 37.) On that basis we concluded that it would be error for a trial court to instruct to that effect at the penalty phase. (Id. at pp. 130-131, 246 Cal.Rptr. 245, 753 P.2d 37.) Our premise was that a court may not give an instruction that is incorrect. (See ibid.) We went on to state in dictum: "In general, impressing the jury with the weight of its responsibility is beneficial. Hence it [is] not necessarily error [for the court]"--or impropriety for counsel--"to suggest to them on voir dire that the sentence they decide on will be carried out." (Id. at p. 131, 246 Cal.Rptr. 245, 753 P.2d 37.) To be sure, the end is good. Whether the means are as well is open to question. Be that as it may, the dictum does not figure in our analysis. Therefore, it need not be scrutinized further.

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