Posted on 06/03/2021 9:28:16 AM PDT by BenLurkin
At issue is how juries review “aggravating” factors — such as whether a crime was gang-related or involved multiple victims. Defense lawyers in the case argued that to ensure equal application of the death penalty, state law and the state Constitution require juries to be unanimous in their reasoning on each factor.
That the court is even considering new requirements is unusual. It has refused to impose them in the past and has even summarily dismissed the kind of arguments presented Wednesday.
But the court’s composition has changed over the years.
Democratic appointees now hold five of the seven seats.
Under California’s death penalty law, capital trials are held in two phases. In the first, the jury decides guilt. The verdict must be unanimous and beyond a reasonable doubt.
During the second phase, the jury decides whether to impose the death penalty or life without possibility of parole. The jury considers “aggravating” factors that favor the death penalty and weighs them against mitigating factors, such as a defendant’s history of being severely abused.
Individual jurors can now decide which of several disputed, aggravating factors weigh in favor of death. Their decision on the penalty must be unanimous, but their reasoning can be varied. Defense lawyers want the court to require the jury to agree unanimously on what factor justified the death penalty and to decide the penalty under a “beyond a reasonable doubt” standard.
(Excerpt) Read more at latimes.com ...
What could possibly go wrong?
The people can vote in the death penalty all they want. The lawyers (judges are simply robed lawyers) will still make sure it doesn’t happen.
Wonder how many of the cases currently have the fingerprints of our current, selected Vice President?
She was a good one for throwing the book at black men.
Funny how that was all glossed over in the Enemy Media/Deep State wish to install her!
*SPIT*
A better idea would be to line them up to the gallows and line dance them through.
I was just semi joking with someone the other day that this exact argument would be made.
Rose Bird must have been replaced by more just like her.....
require the jury to agree unanimously on what factor justified the death penalty
= = =
Any unanimous agreement will be dismissed, as it based on White Privilege.
These guys don’t want to come off of Death Row (where they were never going to be executed anyway); and where they have privileges other inmates don’t. Because, then they’ll have to be put in general population with some “really” hard dudes, who haven’t been pampered; and members of whose families may have been murdered by these “Death Row” inmates! The general population won’t put-up with their crap and execution of sentences might, otherwise, occur! You think Scott Peterson would survive outside of Death Row?
Since the last execution in California was in 2006, and only 13 since 1972, what difference does it make?
Criminals on death row are more likely to die of old age or be released by some idiotic ruling than they are to be executed.
Rose Bird wouldn’t be recalled with California’s current political demographics. Sad but true.
Must be a shortage od lawn rangers with all of Biden’s bribe to stay home plan.
So when was the year Californiacation executed a death row prisoner. Seems to me a death sentence in that state is the same as a life sentence in any other state.
I’d say COVID and dying from natural causes has had some effect on the residents of Death Row. Quite a number have passed the last year naturally or otherwise.
‘No Common Decency’ has made this state a mess and now.. the Court that used to keep the state headed the right direction has done a 180 re: the DP.
Blame MoonBeAM and Schwarzenkennedy and Nuisance for the BULK OF THE LEFTISTS now sitting on the court.
https://ballotpedia.org/Judges_appointed_by_Jerry_Brown
http://www.schwarzenegger.com/issues/milestone/a-legacy-of-quality-and-diversity
https://ballotpedia.org/Judges_appointed_by_Gavin_Newsom
Most of all , blame those who have never been victims or had family members or friends murdered and will never see justice in this state yet vote for more crime, less justice, and that is just in its gubamint.
Come back Rose Bird.
All is forgiven...
(as if)
More Calidiocy.
Oh - so right!!!
A felon is now more likely to be killed by his armed victim, than be executed on Death Row, and the immediate death will have more impact on the felon’s friends.
In 2019, 386 justifiable homicides (real total is likely to be much higher, because the figure does not include homicides finally ruled to be self-defense at trial)
https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/tables/expanded-homicide-data-table-15.xls
versus 340 homicides by police
https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/tables/expanded-homicide-data-table-14.xls
Police homicides are way down. Police are now much more hesitant to use deadly force.
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