Is relative culpability of codefendants a mitigating factor in sentencing?

California, United States of America


The following excerpt is from People v. Sivongxxay, 219 Cal.Rptr.3d 265, 3 Cal.5th 151, 396 P.3d 424 (Cal. 2017):

The relative culpability of codefendants is not a constitutionally required mitigating factor. (People v. Maciel (2013) 57 Cal.4th 482, 549, 160 Cal.Rptr.3d 305, 304 P.3d 983.)

California's sentencing statute sets forth a constitutionally adequate burden of proof concerning the aggravating factors and the sentencer's ultimate decision. (People v. Banks (2014) 59 Cal.4th 1113, 1207, 176 Cal.Rptr.3d 185, 331 P.3d 1206 (Banks ).)

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