Death Penalty

Question 1

Mitigating Facts

Answer 1

any death penalty statute that does not give the D a chance to present mitigating facts and circumstances is unconstitutional

Question 2

Automatic Category

Answer 2

there can be no automatic category for imposition of the death penalty

Question 3

Limiting Mitigating Factors

Answer 3

the state may not by statute limit the mitigating factors; all relevant mitigating evidence must be admissible or the death penalty statute is unconstitutional

Question 4

Aggravating Factors

Answer 4

only a jury-not a judge-may determine the aggravating factors justifying imposition of the death penalty