Is the federal Constitution not violated by not requiring a penalty phase jury to reach unanimity on the basis of aggravating factors?
California, United States of America
The following excerpt is from People v. Cage, 15 Cal. Daily Op. Serv. 12, 195 Cal.Rptr.3d 724, 2015 Daily Journal D.A.R. 12, 362 P.3d 376, 62 Cal.4th 256 (Cal. 2015):
73 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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