What is the test for determining the aggravating circumstances in a criminal case?
California, United States of America
The following excerpt is from The People v. Cowan, No. 059675A, S055415 (Cal. 2010):
29. To "avoid potential confusion" over which other crimes the prosecution is relying on as aggravating circumstances in a given case, we have encouraged prosecutors to "request an instruction enumerating the particular other crimes which the jury may consider as aggravating circumstances in determining penalty." (People v. Robertson, supra, 33 Cal.3d at p. 55, fn. 19.)
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