What is the test for evidence supporting a less than death sentence in a criminal case?

California, United States of America


The following excerpt is from People v. Whitt, 274 Cal.Rptr. 252, 51 Cal.3d 620, 798 P.2d 849 (Cal. 1990):

Such evidence includes "any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death." (Lockett v. Ohio,

Page 279

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