How Should the Jury Be Instructed in a Death Penalty Case in Which the Defendant Asked for the Death Penalty?
October 25th, 2019

In People v. Anderson (2018) 5 Cal.5th 372, 423 the defendant asked the jury at the punishment phase to give him the death penalty.

The California Supreme Court held that the instruction set forth below “was sufficient to protect defendant from an unreliable verdict.”


Sample Instruction:


Each of you remains obligated to decide for yourself, based upon the weighing of the factors in aggravation and mitigation, whether death or life without possibility of parole is the appropriate penalty, despite testimony offered by the defendant suggesting a preference for the death penalty.

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