What is the general rule in the penalty phase of a capital case?

California, United States of America


The following excerpt is from People v. Benson, 276 Cal.Rptr. 827, 52 Cal.3d 754, 802 P.2d 330 (Cal. 1990):

Defendant argues the general rule should not be allowed to operate at the penalty phase of a capital case. In People v. Miranda (1987) 44 Cal.3d 57, 108, footnote 30, 241 Cal.Rptr. 594, 744 P.2d 1127, we disagreed. Defendant asserts that Miranda

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