Is the death penalty unconstitutional for failing to require that the jury base any death sentence on written findings?

California, United States of America


The following excerpt is from People v. Fayed, 260 Cal.Rptr.3d 761, 460 P.3d 1149, 9 Cal.5th 147 (Cal. 2020):

"The death penalty is not unconstitutional for failing to require that the jury base any death sentence on written findings." ( People v. Elliot (2005) 37 Cal.4th 453, 488, 35 Cal.Rptr.3d 759, 122 P.3d 968.) "The phrase whether or not in section 190.3, factors (d)-(h) and (j) does not unconstitutionally suggest that the absence of a mitigating factor is to be considered

[260 Cal.Rptr.3d 822]

as an aggravating circumstance." ( People v. Wall (2017) 3 Cal.5th 1048, 1073, 224 Cal.Rptr.3d 861, 404 P.3d 1209.) " We have consistently held that unanimity with respect to aggravating factors is not required by statute or as a constitutional procedural safeguard. " ( Ibid . )

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