Death Penalty

Question 1

Are all death penalty statutes constitutional?

Answer 1

No, if the statute does not give the defendant a chance to present mitigating facts and circumstances the statute is unconstitutional.

Question 2

Can there be an automatic imposition of the death penalty?

Answer 2

NO

Question 3

Can the State limit the mitigating factors?

Answer 3

No, all relevant mitigating evidence must be admissible or the death penalty statute is unconstitutional

Question 4

Who can impose the death penalty?

Answer 4

Only a jury may determine the aggravating factors justifying imposition of the death penalty.