What is the test for "relevant mitigating evidence" in a criminal case?
California, United States of America
The following excerpt is from People v. Robertson, 255 Cal.Rptr. 631, 48 Cal.3d 18, 767 P.2d 1109 (Cal. 1989):
It is plain that the class of "relevant mitigating evidence" (Eddings v. Oklahoma, supra, 455 U.S. at p. 114, 102 S.Ct. at p. 876) is broad. Included within its bounds is "evidence that the defendant would not pose a danger if spared (but incarcerated)...." (Skipper v. South Carolina, supra, 476 U.S. at p. 5, 106 S.Ct. at p. 1671.)
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