What is the test for a jury to determine the severity of a criminal's mens rea?
California, United States of America
The following excerpt is from People v. Brizuela, D071364 (Cal. App. 2018):
8. Favor also noted that "punishment need not be finely calibrated to the criminal's mens rea" and "takes account of other valid penological considerations, such as the defendant's conduct, the consequences of such conduct, and the surrounding circumstances, including the fact that the murder attempted was willful, deliberate, and premeditated." (Favor, supra, 54 Cal.4th at p. 878.)
9. (People v. Mateo, review granted May 11, 2016, S232674.)
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