What is the test for a jury to deliver a death verdict in a murder case?

California, United States of America


The following excerpt is from People v. Slaughter, 120 Cal.Rptr.2d 477, 27 Cal.4th 1187, 47 P.3d 262 (Cal. 2002):

Defendant contends that the jury should have been required to find beyond a reasonable doubt each of the following: the existence of any factor in aggravation, that the aggravating factors outweighed the mitigating factors, and that death was the appropriate penalty. We rejected these arguments in People v. Anderson, supra, 25 Cal.4th 543, 601, 106 Cal.Rptr.2d 575, 22 P.3d 347.

Defendant contends the jury should have been required to return unanimous written findings supporting its verdict. We have rejected this contention. (People v. Anderson, supra, 25 Cal.4th 543, 601, 106 Cal.Rptr.2d 575, 22 P.3d 347.)

Defendant contends California should require intercase proportionality review to determine whether the death verdict in the present case is disproportionate to the penalty imposed in similar cases. We have rejected this contention. (People v. Anderson, supra, 25 Cal.4th 543, 602, 106 Cal.Rptr.2d 575, 22 P.3d 347.)

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