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eBook details

• Title: Commonwealth Of Pennsylvania V. Robinson
• Author : Pennsylvania Supreme Court
• Release Date : January 24, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

I agree with Mr. Chief Justice Flaherty that a jury instruction regarding the meaning of "life imprisonment" under the law of the Commonwealth would be appropriate in all capital cases. However, I believe such an instruction should be standardized *fn1 and should be implemented prospectively. Thus I join the majority opinion because it follows our precedents, which hold that such an instruction is required only where the future dangerousness of the defendant has been expressly implicated. Since the common pleas court did not err in not giving the instruction, and the mere absence of such an instruction does not warrant a finding that the sentence was "the product of passion, prejudice, or any other arbitrary factor," there is no cause to remand for a new sentencing proceeding as called for by the Dissenting opinion.

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