California, United States of America
The following excerpt is from People v. Hovey, 244 Cal.Rptr. 121, 44 Cal.3d 543, 749 P.2d 776 (Cal. 1988):
Similarly, we find the trial court's reply an adequate response to the jury's inquiry regarding automatic appeals. As a general rule, the jury should not be advised regarding the availability of an appeal in death cases, because such information may dilute the jury's sense of responsibility in fixing the penalty. (See People v. Morse, supra, 60 Cal.2d at pp. 649-651, 36 Cal.Rptr. 201, 388 P.2d 33; People v. Linden (1959) 52 Cal.2d 1, 27, 338 P.2d 397.) Yet it would be inaccurate and misleading to advise the jury, upon inquiry, that a death judgment was final and unreviewable. The trial court's response, quoted above, was a satisfactory way of redirecting the jury's attention to its proper sentencing responsibilities without misinforming them regarding the availability of an appeal.
[44 Cal.3d 585] H. Defendant's Absence During Rereading of Testimony
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