People v. Fierro

KENNARD, J., Concurring and Dissenting.

The Eighth Amendment to the federal Constitution does not bar consideration of a victim’s personal characteristics to determine penalty in a capital case, but evidence and argument on this subject must be authorized by statute. Penal Code section 190.3 (hereafter section 190.3), a part of our voter-enacted death penalty law, lists those matters that the trier of penalty “shall consider” in deciding whether to return a verdict of death. In People v. Edwards (1991) 54 Cal.3d 787 [1 Cal.Rptr.2d 696, 819 P.2d 436], this court purported to hold that the…