California, United States of America
The following excerpt is from People v. Edelbacher, 254 Cal.Rptr. 586, 47 Cal.3d 983, 766 P.2d 1 (Cal. 1989):
As in People v. Milner (1988) 45 Cal.3d 227, 257, 246 Cal.Rptr. 713, 753 P.2d 669, we conclude that the jury in this case may well have been persuaded to adopt the view that its responsibility was merely to weigh aggravating and mitigating factors without regard to the appropriateness of [47 Cal.3d 1041] the alternative penalties and that it was required to return a sentence of death if aggravating factors preponderated without each juror making a personal conclusion from the evidence that death was appropriate under the circumstances for the offense and the offender.
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