What is the burden of proof at the penalty phase?

California, United States of America

The following excerpt is from People v. Potts, 245 Cal.Rptr.3d 2, 436 P.3d 899, 6 Cal.5th 1012 (Cal. 2019):

Evidence Code section 520 provides that "[t]he party claiming that a person is guilty of crime or wrongdoing has the burden of proof on that issue." We have repeatedly held that this provision does not require an instruction placing the burden of proof on the People at the penalty phase, and we see no persuasive reason to reconsider our precedent. (See, e.g., People v. Brooks , supra , 3 Cal.5th at p. 115, 219 Cal.Rptr.3d 331, 396 P.3d 480 ;

[436 P.3d 936]

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What is the burden of proof at the penalty phase?

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