Capital
What is a Capital
•   crime that is particularly vile, atrocious,
    or cruel

•   with multiple victims

•   occurred du...
Aggravating vs.
     • Aggravating Factor-
       something that makes a
       murder more serious, allows
       prosecu...
Aggravating- TYPE
• arson
• battery (serious   • hijacking
  injury)
                     • kidnapping
• burglary         ...
Aggravating-
• elected official
• law enforcement-         • informant
  police, parole officer,
  firefighter, etc           ...
Aggravating-
•   assault weapon
                               •   multiple homicides
•   release from custody
           ...
Mitigating
•   age (under 18, over 75)   •   mentally retarded
•   another cause for death   •   minor participation
•   c...
• Decapitation
• Electrocution
                     Methods of
• Firing Squad       Execution
• Gas Chamber
• Hanging
• Le...
Pros and Cons
• Deterrence           • Use of DNA
• Protecting Society   • Public Opinion
• Retribution          • Executi...
Can It Be
  Fair?     • Criminal Justice System
            • Variety of Capital Offenses
            • Role of the Jury
 ...
Why So
• more pre-trial preparation   • jurors sequestered during
                                 trial
• more pre-trial ...
LEGAL RULINGS
• Furman v Georgia 1972- DP is “arbitrary and
  capricious”, violated ban on “cruel and unusual
  punishment...
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Death Penalty Overview

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  • Death Penalty Overview

    1. 1. Capital
    2. 2. What is a Capital • crime that is particularly vile, atrocious, or cruel • with multiple victims • occurred during the commission of another felony • victim was a police or correctional officer in the line of duty • offender was previously convicted of a capital offense or violent crime • offender directed an accomplice to commit murder or committed murder at the direction of another
    3. 3. Aggravating vs. • Aggravating Factor- something that makes a murder more serious, allows prosecutor to ask for DP • Mitigating Factor- something the jury can consider in favor of the defendant, can lessen sentence
    4. 4. Aggravating- TYPE • arson • battery (serious • hijacking injury) • kidnapping • burglary • robbery • carjacking • sexual offenses • drug trafficking • train wrecking • escape
    5. 5. Aggravating- • elected official • law enforcement- • informant police, parole officer, firefighter, etc • pregnant woman • court officials- • youth/child judge, lawyer, juror, • handicapped witness person • hate crime
    6. 6. Aggravating- • assault weapon • multiple homicides • release from custody • ordered killing • disrupting govt function • parole/probation • drive-by shooting • monetary gain • explosives • prior felony or • great risk to others homicide • in custody • terrorism • lying-in-wait • torture
    7. 7. Mitigating • age (under 18, over 75) • mentally retarded • another cause for death • minor participation • co-defendant spared DP • moral justification • cooperation with • no future threat authorities • no significant prior • extreme duress criminal history • extreme mental/ • traumatic stress emotional disturbance syndrome • impaired capacity • victim’s consent
    8. 8. • Decapitation • Electrocution Methods of • Firing Squad Execution • Gas Chamber • Hanging • Lethal injection • Shooting • Stoning
    9. 9. Pros and Cons • Deterrence • Use of DNA • Protecting Society • Public Opinion • Retribution • Executing the Innocent? • Proportionality • Eyewitness / testimony • Barbarity • Fairness between races and classes • Expense • Religious Arguments
    10. 10. Can It Be Fair? • Criminal Justice System • Variety of Capital Offenses • Role of the Jury • 8th Amendment / “Cruel and Unusual” • Appropriate Application • Procedural Issues
    11. 11. Why So • more pre-trial preparation • jurors sequestered during trial • more pre-trial motions to file/answer • two trials instead of one, one for guilt and second • more experts to hire for sentencing • probably 2 attorneys • trial takes longer appointed to defense (estimated 3-5 times (comparable team for longer in length) prosecution) • series of required appeals • jurors pre-screened
    12. 12. LEGAL RULINGS • Furman v Georgia 1972- DP is “arbitrary and capricious”, violated ban on “cruel and unusual punishment”... DP suspended in US • Gregg v Georgia 1976- revisions in state laws resumed DP • Estelle v Smith 1981- mental incompetence/ retardation • Ring v Arizona 2005- only sentenced by jury • Roper v Simmons 2005- min. age of 18

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