What is the lingering doubt penalty defense?

California, United States of America


The following excerpt is from People v. Riel, 22 Cal.4th 1153, 96 Cal.Rptr.2d 1, 998 P.2d 969 (Cal. 2000):

Defendant contends his attorneys were ineffective because they "failed to present the issue of lingering doubt, a relevant factor in mitigation." We have noted that "the sword of the lingering doubt defense is double edged. (People v. Fauber (1992) 2 Cal.4th 792, 864, 9 Cal. Rptr.2d 24, 831 P.2d 249.) Because such an argument risks `"antagonizing a jury that has already found the defendant guilty,"' lingering doubt penalty defenses '"are often unwise.'" (Id. at p. 864 [9 Cal.Rptr.2d 24, 831 P.2d 249].)" (People v. Padilla (1995) 11 Cal.4th 891, 951, 47 Cal. Rptr.2d 426, 906 P.2d 388.)

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