What is the test for a jury to convict a defendant of murder during the penalty phase?

California, United States of America


The following excerpt is from People v. Kipp, 18 Cal.4th 349, 75 Cal.Rptr.2d 716, 956 P.2d 1169 (Cal. 1998):

We have previously rejected the argument that "because of a commonly held misconception to the contrary, jurors will not appreciate the actual consequences of their sentencing choice, thereby undermining the reliability of the verdict." (People v. Hawthorne (1992) 4 Cal.4th 43, 75, 14 Cal.Rptr.2d 133, 841 P.2d 118.) As in that decision, the record here fails to substantiate defendant's premise "that there exists a widespread misperception among penalty phase jurors that 'death' means anything other than eventual execution of the defendant." (Id., at 75, 14 Cal.Rptr.2d 133, 841 P.2d 118, fn. omitted.) Significantly, nothing in the instructions actually given, or in the arguments of counsel, "suggested the jury's decision was merely an academic exercise with only theoretical consequences." (Id. at p. 76, 14 Cal.Rptr.2d 133, 841 P.2d 118; see also People v. Sanders (1995) 11 Cal.4th 475, 562, 46 Cal.Rptr.2d 751, 905 P.2d 420.)

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