Is it a violation of the Eighth Amendment for the prosecution to ask questions from the victims' family members at the penalty phase of a capital trial regarding the impact of the murders?

California, United States of America


The following excerpt is from People v. Penunuri, 233 Cal.Rptr.3d 324, 418 P.3d 263, 5 Cal.5th 126 (Cal. 2018):

family members at the penalty phase of a capital trial regarding the impact of the murders is constitutionally permissible, "the admission of a victim's family members' characterizations and opinions about the crime, the defendant, and the appropriate sentence violates the Eighth Amendment." ( Payne v. Tennessee (1991) 501 U.S. 808, 830, fn. 2, 111 S.Ct. 2597, 115 L.Ed.2d 720.) Here, the trial court erroneously permitted the prosecution to ask questions designed to elicit from the victims' family members their opinions of Penunuri and the appropriate sentence for him.

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