What is the test for determining whether a capital sentencing scheme violates equal protection?
California, United States of America
The following excerpt is from People v. Scully, 11 Cal.5th 542, 278 Cal.Rptr.3d 792, 486 P.3d 1029 (Cal. 2021):
"Comparative intercase proportionality review by the trial or appellate courts is not constitutionally required." ( People v. Snow (2003) 30 Cal.4th 43, 126, 132 Cal.Rptr.2d 271, 65 P.3d 749.)
The capital sentencing scheme does not violate equal protection by denying certain procedural protections to capital defendants that are available to noncapital defendants. ( People v. Thomas (2012) 53 Cal.4th 771, 836, 137 Cal.Rptr.3d 533, 269 P.3d 1109.)
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