When will a jury consider whether a defendant be executed if they are convicted of murder?
California, United States of America
The following excerpt is from People v. Hoover, 187 Cal.App.3d 1074, 231 Cal.Rptr. 203 (Cal. App. 1986):
Hoover contends the challenged instruction violated the rule precluding jury consideration of a defendant's possible punishment. (See People v. Holt (1984) 37 Cal.3d 436, 458, 208 Cal.Rptr. 547, 690 P.2d 1207.) He further argues the purported error was prejudicial because the jurors might have become more likely to convict because they knew he would not be executed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of another person? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
Does the question of whether a defendant was a major participant in the underlying felony and acted with reckless indifference to human life apply only to defendants convicted of felony murder? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
In what circumstances will the jury consider whether there was insufficient evidence to convict Defendant of provocative acts murder? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Does the Attorney General's reading of a transcript from the Superior Court of Justice's hearing into a murder conviction for a prior conviction for the same crime be considered admissible under section 190.3, factor (b) of the Criminal Code? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
