California, United States of America
The following excerpt is from People v. Crew, 3 Cal.Rptr.3d 733, 31 Cal.4th 822, 74 P.3d 820 (Cal. 2003):
The prosecutor's statement was coupled with the remark that the moral weight of taking a life for financial gain is one factor for the jury to consider. That was an appropriate consideration, because it is a circumstance of the capital crime. ( 190.3, factor (a).) Nor did the statement prevent the jury from making an individualized sentencing determination. The determination of the personal culpability of a defendant cannot be made in a vacuum divorced from social standards or the experiences and morality of others; it is to reflect a reasoned moral response to the defendant's background, character and crime. (Penry v. Lynaugh (1989) 492 U.S. 302, 319, 109 S.Ct. 2934, 106 L.Ed.2d 256.) In addition, the argument of defense counsel and the trial court's instructions to the jury directed the jury to consider the aggravating as well as the mitigating circumstances in relation to defendant's culpability.
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