Death penalty

Question 1

When will death penalty be violation of 8th A right against cruel and unusual punishment?

Answer 1

penalty grossly disproportionate to seriousness of offense

Question 2

What if death penalty statute doesn’t give D chance to present mitigating facts and circumstances?

Answer 2

unconstitutional

Question 3

Can there be an automatic category for imposition of death penalty?

Answer 3

No

Question 4

Can state statute limit admissibility of mitigating factors?

Answer 4

all relevant mitigating evidence must be admissible or death penalty statute unconstitutional

Question 5

Who may determine the aggravating factors justifying imposition of death penalty?

Answer 5

only jury, NOT judge