When will a defendant ask a jury for their first reaction to hearing "this is a kidnapping murder case"?

California, United States of America


The following excerpt is from People v. Hoyt, 257 Cal.Rptr.3d 784, 456 P.3d 933, 8 Cal.5th 892 (Cal. 2020):

The additional questions on the subject proposed by defendantwhich asked, for example, for the jurors "first reaction" to hearing "this is a kidnapping murder case "were not well-tailored to meaningful further exploration of the jurors views on the death penalty in this context. And to the extent defendant sought the jurors predictions about how their judgment would be affected by "detailed account[s]" of the crime or other prosecution evidence, it is well established that a defendant has "no right to ask specific questions that invite[ ] prospective jurors to prejudge the penalty issue ... [or] to educate the jury as to the facts of the case." ( People v. Burgener (2003) 29 Cal.4th 833, 865, 129 Cal.Rptr.2d 747, 62 P.3d 1, citations omitted.)

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