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Criminal Procedure • 14th Amendment
CRIMPRO#053
Legal Definition
Due process requires that a death penalty statute must give a defendant an opportunity to present mitigating facts and circumstances—therefore, it cannot be an automatic category for imposition of the death penalty. Further, a state cannot statutorily limit the mitigating factors—all mitigating evidence must be admissible—and only a jury may determine the aggravating factors justifying the death penalty.
Plain English Explanation
The death penalty is serious, and permanent. As such, the government isn't allowed to apply it as punishment without first giving the defendant a chance to convince the jury that there is some reason to not apply the death penalty. A mitigating fact or circumstance is a piece of information that doesn't directly relate to the case, but should arguably be considered in order to get a clearer picture for how blameworthy the defendant may be. Some common examples of mitigating facts or circumstances:
- Defendant's lack of criminal record
- Defendant acted out of necessity
- Defendant has remorse
- Defendant suffers from addiction
- Defendant was provoked in some way
- Defendant's lack of criminal record
- Defendant acted out of necessity
- Defendant has remorse
- Defendant suffers from addiction
- Defendant was provoked in some way
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What must you generally know about grand jury proceedings?
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