What is the test for informing the jury that death must be the appropriate penalty?

California, United States of America


The following excerpt is from People v. Garton, 229 Cal.Rptr.3d 624, 4 Cal.5th 485, 412 P.3d 315 (Cal. 2018):

People v. Williams (2016) 1 Cal.5th 1166, 12041205, 211 Cal.Rptr.3d 1, 384 P.3d 1162.) "We again conclude that the instruction is not unconstitutional for failing to inform the jury that: (a) death must be the appropriate penalty, not just a warranted penalty [citation]; (b) [a sentence of life without the possibility of parole] is required, if it finds that the mitigating circumstances outweigh those in aggravation [citation] or that the aggravating circumstances do not outweigh those in mitigation [citation]; (c) [a sentence of life without the possibility of parole] may be imposed even if the aggravating circumstances outweigh those in mitigation [citation]; (d) neither party bears the burden of persuasion on the penalty determination [citation]." ( Landry , at p. 122, 211 Cal.Rptr.3d 160, 385 P.3d 327.)

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