What guidance has been given to the jury in the penalty phase of a murder trial?

California, United States of America

The following excerpt is from People v. Richie, 28 Cal.App.4th 1347, 34 Cal.Rptr.2d 200 (Cal. App. 1994):

That guidance was seemingly provided in Cabana v. Bullock (1986) 474 U.S. 376, 106 S.Ct. 689, 88 L.Ed.2d 704, a case concerning an erroneous instruction on defendant's state of mind given at the penalty phase of a murder trial. Distinguishing errors committed at that phase from those committed at the guilt phase, the court noted: "a jury's conviction cannot stand if the instructions provided the jury do not require it to find each element of the crime under the proper standard of proof." (Id., at p. 384, 106 S.Ct. at 696.)

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