Is the federal Constitution not violated by not requiring a jury to reach unanimity in the penalty phase?

California, United States of America


The following excerpt is from People v. Cage, 195 Cal.Rptr.3d 724, 362 P.3d 376, 62 Cal.4th 256 (Cal. 2015):

"The federal Constitution is not violated by the failure to require a penalty phase jury to reach unanimity on the presence of aggravating factors." (People v. DeHoyos, supra, 57 Cal.4th at p. 150, 158 Cal.Rptr.3d 797, 303 P.3d 1.)

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