What is the burden of persuasion against a defendant in a murder case?
California, United States of America
The following excerpt is from People v. Boyette, 127 Cal.Rptr.2d 544, 29 Cal.4th 381, 58 P.3d 391 (Cal. 2002):
The instruction's use of the term "warrants" is so overbroad it misleads the jury to believe it may impose the death
[127 Cal.Rptr.2d 609]
penalty even when it concludes it is not the appropriate penalty. (People v. Breaux (1991) 1 Cal.4th 281, 316, 3 Cal.Rptr.2d 81, 821 P.2d 585.)[127 Cal.Rptr.2d 609]
The instruction fails to specify that the prosecution has the burden of persuasion. (People v. Jackson, supra, 13 Cal.4th at p. 1244, 56 Cal.Rptr.2d 49, 920 P.2d 1254.)
The instruction fails to require the jury to find beyond a reasonable doubt that the aggravating factors outweigh the mitigating ones and that death is the appropriate penalty. (People v. Stankewitz (1990) 51 Cal.3d 72, 109-110, 270 Cal.Rptr. 817, 793 P.2d 23.)
The instruction fails to require that the jury unanimously find which aggravating circumstances are true. (See, e.g., People v. Jenkins (2000) 22 Cal.4th 900, 1053, 95 Cal.Rptr.2d 377, 997 P.2d 1044 [unanimity not required].)
The instruction fails to require a statement of reasons supporting the death verdict. (People v. Kipp (1998) 18 Cal.4th 349, 381, 75 Cal.Rptr.2d 716, 956 P.2d 1169.)
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