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

California, United States of America


The following excerpt is from People v. Edward, 233 Cal.Rptr.3d 439, 418 P.3d 360, 5 Cal.5th 1 (Cal. 2018):

the mitigating circumstances that it warrants death instead of life without parole." "The instruction properly explains to the jury that it may return a death verdict if the aggravating evidence warrants death." ( People v. McDowell (2012) 54 Cal.4th 395, 444, 143 Cal.Rptr.3d 215, 279 P.3d 547.)

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