What is the test for determining whether a defendant is eligible for the death penalty?
California, United States of America
The following excerpt is from People v. Bacigalupo, 24 Cal.Rptr.2d 808, 6 Cal.4th 457, 862 P.2d 808 (Cal. 1993):
The Stringer court explained: "A vague aggravating factor employed for the purpose of determining whether a defendant is eligible for the death penalty fails to channel the sentencer's discretion." (Stringer v. Black, supra, 503 U.S. at p. ----, 112 S.Ct. at p. 1139.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether death penalty skeptics constitute a cognizable class in the trial of a murder defendant? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
Does a dangerousness determination need to be made before a hearing to determine whether a defendant's conviction is eligible for Proposition 47 resentencing? (California, United States of America)
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)
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)
Is there a conflict of interests between codefendants in a trial where one defendant and the other defendant are seeking to avoid the death penalty? (California, United States of America)
What is the test for determining whether a defendant has committed an uncharged act of violence against another defendant? (California, United States of America)
