What are the factors used by courts to determine whether a defendant has a grave risk of death?

California, United States of America


The following excerpt is from People v. Singer, B302163 (Cal. App. 2020):

Banks cites a nonexhaustive list of factors articulated in Tison v. Arizona (1987) 481 U.S. 137, 157 that courts may consider in analyzing a defendant's participation in criminal activity and whether it carries a grave risk of death. Those factors are: "What role did the defendant have in planning the criminal enterprise that led to one or more deaths? What role did the defendant have in supplying or using lethal weapons? What awareness did the defendant have of particular dangers posed by the nature of the crime, weapons used, or past experience or conduct of the other participants? Was the defendant present at

Page 11

Other Questions


What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
What is the appellate court's role in determining whether a defendant satisfied his burden of producing clear and convincing evidence in the trial court? (California, United States of America)
What is the test for determining whether a defendant's financial condition is to be considered a factor in determining punitive damages? (California, United States of America)
When a defendant claims the trial court made an impermissible dual use of a fact to support both an enhancement and an aggravating factor in his conviction for assault, what is the test for determining whether the sentence should be increased or reduced? (California, United States of America)
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)
Can a jury double-count the factors used to determine whether a defendant has been convicted of a capital crime as a result of the factor? (California, United States of America)
Is a defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.