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. 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. Aggravating- TYPE
• arson
• battery (serious • hijacking
injury)
• kidnapping
• burglary • robbery
• carjacking • sexual offenses
• drug trafficking • train wrecking
• escape
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. 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. 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
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. 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. 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. 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
