What is a defendant's right to request the death penalty?
California, United States of America
The following excerpt is from People v. Lenart, 12 Cal.Rptr.3d 592, 32 Cal.4th 1107, 88 P.3d 498 (Cal. 2004):
A defendant who requests it is entitled under the cruel or unusual punishment provision (art. I, 17) in the California Constitution to intracase proportionality review to determine if the death penalty is grossly disproportionate to his culpability. (People v. Weaver, supra, 26 Cal.4th at p. 989, 111 Cal.Rptr.2d 2, 29 P.3d 103.)
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