What is the test for determining whether a defendant has a valid claim for the use of the death penalty?

California, United States of America


The following excerpt is from People v. Ward, 114 P.3d 717, 30 Cal.Rptr.3d 464, 36 Cal.4th 186 (Cal. 2005):

Defendant contends California's death penalty statute is unconstitutional because the use of the death penalty as a regular form of punishment falls short of international norms of humanity and decency and fails to reflect the overwhelming international consensus disfavoring capital punishment. "[W]e have previously considered and rejected the various permutations of defendant's arguments. [Citations.] As succinctly stated in People v. Hillhouse [(2002) 27 Cal.4th 469,] 511, 117 Cal.Rptr.2d 45, 40 P.3d 754: `International law does not prohibit a sentence of death rendered in accordance with state and federal constitutional and statutory requirements. [Citations.]' Since we find no other defect in imposing the death penalty against defendant, we decline to find the law defective based on any provision of international law." (People v. Brown, supra, 33 Cal.4th at p. 404, 15 Cal.Rptr.3d 624, 93 P.3d 244.)

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