Death Penalty Flashcards

1
Q

Death Penalty Statutes Require

A

1) D opportunity to present mitigating facts and circumstances
2) No automatic category for imposition of the death penalty
3) Cannot limit the mitigating factors allowed to be considered by the jury. All mitigating evidence must be admissible or the statute is uncon.
4) only a jury (not a judge) may determine the aggravating factors justifying imposition of the death penalty

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