California, United States of America
The following excerpt is from People v. Cox, 280 Cal.Rptr. 692, 53 Cal.3d 618, 809 P.2d 351 (Cal. 1991):
Moreover, although passing allusions were made to defendant's upbringing, the critical focus was the nature of the murders themselves and the degree of defendant's participation. Whether characterizing them as unitary or multifaceted, both sides argued strenuously that the circumstances of the crimes, particularly defendant's responsibility for the actual killings, were ultimately dispositive of the penalty determination. Hence, in context the prosecutor's evaluation amounted to "an exhortation that the evidence supported the conclusion that the aggravating circumstances overwhelmingly outweighed the mitigating circumstances in this case." 23 (People v. Walker, [53 Cal.3d 685] supra, 47 Cal.3d at p. 644, 253 Cal.Rptr. 863, 765 P.2d 70.) We find no basis for concluding the argument confused or misled the jury as to its responsibility to weigh all the evidence in reaching a verdict appropriate under the facts. (Ibid.; see also People v. Hamilton, supra, 48 Cal.3d at p. 1185, 259 Cal.Rptr. 701, 774 P.2d 730.)
3. Lack of Remorse as Aggravating Circumstance
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