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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