What is the effect of the instruction barring the jury from being swayed by mere sympathy in the penalty phase of the trial?

California, United States of America

The following excerpt is from People v. Easley, 196 Cal.Rptr. 309, 34 Cal.3d 858, 671 P.2d 813 (Cal. 1983):

However, I cannot join the majority in its criticism of the instruction barring the jury from being swayed by mere sympathy. On that issue I adhere to the views expressed in my dissenting opinion in People v. Bandhauer (1970) 1 Cal.3d 609, 619, 83 Cal.Rptr. 184, 463 P.2d 408. In the current climate of public opinion, sympathy is more likely to be aroused for the victim and his family than for a defendant who has been found guilty of a brutal first degree murder. Thus cautioning a jury in the penalty phase of the trial not to be swayed by mere sympathy redounds to the benefit, not the detriment, of the defendant.

RICHARDSON, Justice, dissenting.

I respectfully dissent.

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