Death Penalty Flashcards
1
Q
what’s the modern approach for giving the DP
A
step 1: jury determines guilt at trial
step 2: sentencing phase where jury determines aggravating and mitigating circumstances and makes recommendation about whether DP is best
2
Q
what are aggravating factors
A
- criminal record
- extent of law enforcement involvement (cops killed, attacked)
- cruelty or atrocity
- especially vulnerable victims
- lack of remorse
- posed risks to other people than got killed
- pecuniary gain
- randomness in victim selection
3
Q
what are some mitigating factors
A
- absence of criminal record
- sympathetic attributes: impairment, emotional disturbance
- role in the offense
- age
