Death Penalty Mitigation: Jurors Should Consider “Any Credible Evidence” Of Mitigating Factors
September 24th, 2019

People v. Powell (2018) 6 Cal.5th 136, 186, while not holding that such instructions were required, concluded that the standards applicable to mitigation evidence were sufficiently explained by the standard CALJIC instructions and an instruction advising “the jury that mitigating factors need not be proven beyond a reasonable doubt and that a mitigating factor may be found to exist ‘if there is any credible evidence to support it.’”

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