Death Penalty Flashcards
What are the four categories of limitations on DP?
(1) Type of offense under constitution that are DP eligible
(2) Type of mens rea -> minimum mens rea required under constitution
(3) Types of offender, regardless of crime the DP isnt applicable
(4) Execution methods
Offenses that are not eligible for DP (cruel and unusual)
- Rape not eligible (Coker v. Georgia)
- Rape not eligible for DP even for 12 year old victim. Cruel and unusual punishment for this type of crime:
- Cruel: DP would be grossly disproportionate
- Unusual: 6 jurisdictions in US authorize DP for rape of child = national consensus that it is unusual
Type of mens rea -> what is the minimum mens rea under the constitution?
Tison: Abandonment of malignant heart
(1) meet the mens rea requirement under RM and
(2) major involvement in killings (no SCOTUS ruling on minor involvement so we are not sure how SCOTUS would rule on that)
Types of offender, regardless of the crime DP just isnt applicable
- Mentally sane at time of offense but then become mentally insane on death row -> Ford case = no DP for people who will not understand why penalty is being applied)
- Mental retardation -> Atkins says no
- Minor at time of offense -> no DP for 18 under. It wont deter people who make snap decisions.
Execution methods
- Lethal injection is the most common. Baze, to give rise to an 8th amendment challenge the risk of pain but be a substantial risk of serious harm.
- Electrocution, hanging, firing squad, gas chamber (all used in the United States still)
Is it constitutional to require LWOP to minor?
Graham and Miller = Rule: a judge giving mandatory life without parole to under 18 is unconstitutional. When judge has no choice but to give LWOP that is unconstitutional
Is automatic DP constitutional?
Jury discretion must be a guided discretion approach!
- Gregg (MPC): (1) must have one aggravating factor (2) balance the aggravating factors and mitigating factors
- Lockett -> D can introduce any relevant mitigating factor
