Death Penalty 001

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Death Penalty 001
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Furman

• Unquestionably racist through 60s
• Unbridled discretion
• Narrow to get to worst of worst really tight
  precise limits
• Specific Aggravating Circumstances

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Lockett/Eadings

• But opposite is required re defendant -wide open
  opportunity to show death not appropriate
• Therefore, anything re circumstance of offense
  and defendant that may call for a sentence less
  than death.
• Wide open mitigation

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Md balancing statute death eligable

• 1. First Degree Murder (premeditated or felony)
• 2.Principal in the first degree
• 3. One or more aggravators
• Proved beyond a reasonable doubt
• (nb. Also not retarded 70 IQ, 18 or over)

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10 aggravating circumstances

• Law enforcement, escape, life imprisonment
• Contract killing
• Multiple murder
• Rob, rape, kidnap, arson
• (Beyond a reasonable doubt)

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7 1 Mitigating Circumstances

• 1. No prior crimes of violence
• 4. Capacity to appreciate or conform
  substantially impaired as a result of mental
  incapacity, mental disorder or emotional
  disturbance
• 5. Of a youthful age
• 7. Not a future danger
• 8 ANY OTHER FACTOR
• (Preponderance / each juror holds their mitigator