Capital Murder

Question 1

Capital Punishment Phase

Answer 1

Whether the defendant should or should not be punished by the death penalty based on aggravating factors and mitigating factors
- Decided by a jury
- Aggravating Factors: the prosecution will try to show that the defendant is of sound mind

Question 2

Two stages of Capital Murder

Answer 2

Guilt and Innocence

Question 3

Witherspoon excusables (from the jury)

Answer 3

people who say that they would absolutely not be able to find for the death penalty
◦ this has been challenged for a violation of due process because typically this kind of a jury is more favorable to the prosecution