Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute violate the Fifth, Sixth, and Fourteenth Amendments

QUESTION PRESENTED Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that serves to increase the statutory maximum penalty for the crime—violate the Fifth, Sixth, and Fourteenth Amendments where there is no requirement that a jury must make this determination beyond a reasonable doubt? ii STATEMENT OF