What is the burden of proof at the penalty trial?

California, United States of America

The following excerpt is from People v. Daniels, 277 Cal.Rptr. 122, 52 Cal.3d 815, 802 P.2d 906 (Cal. 1991):

3. The prosecutor told the jury that there is no burden of proof at the penalty trial. He was correct. (See part IV, ante.) It is true, as defendant points out, that to return a death verdict the jury must be persuaded that aggravation so outweighs mitigation that such a verdict is warranted (see People v. Brown, supra, 40 Cal.3d 512, 545, fn. 19, 230 Cal.Rptr. 834, 726 P.2d 516), but neither the prosecution nor the defense has the burden of proof on that issue.

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