Docket No. S004764. Crim. No. 26404.

6 Cal.4th 457 (1993)

862 P.2d 808

24 Cal. Rptr.2d 808

THE PEOPLE, Plaintiff and Respondent, v. MIGUEL ANGEL BACIGALUPO, Defendant and Appellant.

Supreme Court of California.

December 7, 1993.

Attorney(s) appearing for the Case


Cliff Gardner and Melissa Johnson, under appointments by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart and George Williamson, Chief Assistant Attorneys General, John H. Sugiyama and Ronald A. Bass, Assistant Attorneys General, Ronald S. Matthias, Christopher J. Wei and Dane R. Gillette, Deputy Attorneys General, for Plaintiff and Respondent.

Kent S. Scheidegger as Amicus Curiae on behalf of Plaintiff and Respondent.



(1) The Eighth Amendment to the United States Constitution, which prohibits the infliction of "cruel and unusual punishments," imposes various restrictions on the use of the death penalty as a punishment for crime. One such restriction is that any legislative scheme defining criminal conduct for which death is the prescribed penalty must include some narrowing principle that channels jury discretion...

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