Constitutional Issues
What is the only crime the death penalty can be imposed for?
First degree murder with AGGRAVATING factors
What happens if no aggravating factors are proven beyond a reasonable doubt? And what happens if aggravating factor(s) are proven beyond a reasonable doubt and no mitigating factors are found?
1. Life sentence
2. Death sentence
In the penalty phase, what do jurors weigh to determine the imposition of the death penalty?
Aggravating factors (for DP)
Mitigating factors (against DP)
What 2 functions must a jury serve?
Merits = guilt or innocence
Punishment = life or death
Why do cases suggest the need for the imposition of sentencing procedures in capital homicide trials?
To avoid capricious or indiscriminate use
(Gregg v. Georgia)
What has the Supreme Court never declared to be cruel and unusual punishment?
An execution method
How are mitigating factors used in court? What is the burden of proof for the factor? How is the jury decision determined for the factor?
Unlimited - as long as relevant
Preponderance
Individual
With the current state of death penalty statutes, what do the statutes do during the sentencing process?
Guide juror discretion and bifurcate the trial into a merits phase (innocence or guilt) and a penalty phase (death penalty or life)
Based on individual characteristics, what defendants are not eligible for the death penalty?
Developmentally disabled
Juveniles
When can a capital sentencing jury hear a victim impact testimony?
It is relevant to the jury's decision as to whether the DP should be imposed
(Payne v. Tennessee)
Why were mandatory death penalty statutes found to be unconstitutional?
Did not allow for individualized sentencing
How are aggravating factors defined? What is the burden of proof for them? What is the required jury decision for the factor?
By statute
Beyond a reasonable doubt
Unanimous
With what seems to be the odds stacked against them, what can the defense do in a capital murder trial to help mitigate those odds?
Exceptional voire dire
"Frontload" the mitigation into the merits phase
What 4 areas does capital homicide focus on?
1. What crimes/homicides are death penalty eligible?
2. Which defendants are death penalty eligible?
3. How is the defendant represented and prosecuted?
4. How is the determination made to impose the death penalty?
For a capital murder defendant to claim an equal protection violation, what must the defendant prove?
Must prove the existence of a discriminatory purpose and a racially disproportionate and discriminatory effect.
(McCleskey v. Kemp)
The Supreme Court has never recognized the 8th Amendment to guarantee what?
A condemned inmate a painless death
How can a victim impact testimony affect a jury decision?
May be a triggering factor to consider
What is a death qualified juror? What is a life qualified juror?
Death qualified juror = one who is willing and able to impose the DP if the facts + law support it
Life qualified juror = one who will appropriately apply the law and give fair consideration to mitigating factors presented by the defense
Based on factual circumstances, what type of defendant is not death penalty eligible?
Non-killer accomplice
What are the four "tools" introduced by the Gregg court to balance the jury's unfettered discretion ?
Guided jury discretion
Bifurcated trials
Automatic Appellate review
Proportionality review
A punishment will not be considered cruel and unusual as long as ...
Enacted by legislature
Imposed by a jury
Approved by the State Supreme Court
What happens if both aggravating factors and mitigating factors are proven?
Individual jurors must decide if the aggravating factors (beyond a reasonable doubt) outweigh the mitigating factors (preponderance)
What are the defense's goals for jury selection?
Stripping
Insolate
Isolate
Educate
After the individual juror weighing of the factors, what must the decision of the jury be to impose a death sentence?
Unanimous
When is it constitutionally permissible to sentence a defendant convicted of felony-murder to death?
Even if the defendant neither intended to kill the victim nor actually inflicted the fatal injury, they can be sentenced to death if they were a major participant in the felony and possessed a reckless indifference to human life
(Tison v. Arizona)