San Diego Law Review

Library of Congress Authority File


Document Type



This Comment discusses the evolution of the death penalty statute in Supreme Court decisions and the emergence of guided discretion statutes, in which the sentencing authority’s discretion to impose the death penalty is guided by aggravating and mitigating factors. The Comment analyzes the constitutional requirements placed upon the process used to sentence a defendant to death. The Author then analyzes the impact of Tuilaepa v. California on these requirements.