What is the test for a jury to return a sentence of life imprisonment without a parole if it finds that mitigation outweighs the death penalty?
California, United States of America
The following excerpt is from People v. Johnson, 255 Cal.Rptr.3d 393, 453 P.3d 38, 8 Cal.5th 475 (Cal. 2019):
jury on the converse that it must return a sentence of life without the possibility of parole if it finds that mitigation outweighs aggravation. ( People v. Duncan (1991) 53 Cal.3d 955, 978, 281 Cal.Rptr. 273, 810 P.2d 131.)
Instructions on the meaning of a sentence of life imprisonment without the possibility of parole and on the " presumption of life " are not constitutionally required. ( People v. Demetrulias (2006) 39 Cal.4th 1, 43, 45 Cal.Rptr.3d 407, 137 P.3d 229.)
CALJIC No. 8.88 adequately instructs the jury to determine whether the balance of aggravation and mitigation makes death the appropriate penalty. ( People v. Arias (1996) 13 Cal.4th 92, 171, 51 Cal.Rptr.2d 770, 913 P.2d 980.)
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