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Death Penalty Criteria
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Severity of the Crime
The nature and circumstances of the crime are considered, focusing on the severity and heinousness.
Victim Impact Statements
Statements from the victim's family which may influence the decision by highlighting the impact of the crime.
Defendant's Criminal History
The defendant's prior criminal convictions and conduct are evaluated to assess future dangerousness.
Mental State at the Time of the Crime
Defendant's ability to understand the nature of the act and distinguish right from wrong is considered.
Defendant's Age
Juveniles are typically excluded from capital punishment, while the defendant's age may affect their culpability.
Mitigating Evidence
Information which may reduce the perceived responsibility of the defendant or argue against the death penalty.
Intentionality
The level of intent and premeditation involved in committing the crime affects eligibility for the death penalty.
Race of Defendant
Though officially race should not factor, there is ongoing debate about racial bias in death penalty cases.
Jury's Perception
The jury's perception of the defendant and the crime can influence the decision in imposing the death penalty.
Expert Testimony
Testimonies by psychologists, criminologists, or other experts that could affect the sentencing decision.
Socioeconomic Status
Although not a legal criterion, there's concern over how socioeconomic status may influence death penalty cases.
Cruelty and Torture
The presence of torture or extreme cruelty can be an aggravating factor that influences capital punishment decisions.
Multiple Victims
Crimes involving multiple victims can increase the likelihood of receiving a death sentence.
Felony Murder Rule
If the homicide occurred during the commission of a felony, it may qualify the offender for the death penalty.
Remorse
A defendant's expressed remorse or lack thereof can be a significant factor during sentencing.
Legal Resources of the Defense
The quality and availability of legal resources for the defendant can affect the outcome in death penalty cases.
Media Influence
Media coverage and public opinion can influence the proceedings and verdict in capital punishment cases.
Geographic Location
The location where the crime was committed often dictates the likelihood of receiving the death penalty.
Victim Characteristics
Characteristics of the victim, such as age or social status, may affect the likelihood of imposing the death penalty.
Execution Method
Although not a criterion for imposing, the method of execution available can be a subject of legal scrutiny.
Plea Bargaining
Defendants may be able to avoid the death penalty by accepting a plea deal and pleading guilty to a lesser charge.
International Law
International human rights norms and treaties may play a role in death penalty discussions and cases.
Intellectual Disability
The U.S. Supreme Court has ruled that executing individuals with intellectual disabilities is unconstitutional.
Rehabilitative Potential
Consideration of whether the defendant is capable of rehabilitation may influence the capital punishment decision.
Cost of Execution vs. Life Imprisonment
Economic considerations, such as the comparative costs of execution and life imprisonment, can be debated in the legal process.
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