When will a jury raise the issue of commutation during voir dire or during deliberations?

California, United States of America


The following excerpt is from People v. Ramos, 207 Cal.Rptr. 800, 37 Cal.3d 136, 689 P.2d 430 (Cal. 1984):

When the jury raises the commutation issue itself--either during voir dire or in a question posed to the court during deliberations--the matter obviously cannot be avoided and is probably best handled by a short statement indicating that the Governor's commutation power applies to both sentences but emphasizing that it would be a violation of the juror's duty to consider the possibility of such commutation in determining the appropriate sentence. (Cf. People v. Morse, supra, 60 Cal.2d 631, 648, 36 Cal.Rptr. 201, 388 P.2d 33.)

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