Tag Archives: CC 378

Limiting Ability of Penalty Phase Jurors to Consider Consciousness of Guilt As Non-Statutory Aggravation
October 3rd, 2022

When consciousness of guilt evidence is admitted at the guilt trial of a death penalty trial that evidence may include “ ‘aggravating evidence of a type not statutorily authorized.’ [Citation.]” (People v. Anderson (2018) 5 Cal.5th 372, 393.) For example, consciousness of guilt may be interpreted by the jurors “as evidence of bad character, and […]

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