What Guarantees Capital Punishment
Capital punishment is otherwise known as the death penalty. It is available in many states for first-degree murder only. There is actually no guaranteed scenario in which a criminal defendant will receive the death penalty. The death penalty is more likely in cases with multiple aggravating factors and few mitigating factors. Particularly heinous murders, sexually-based murders and serial killing sprees have a far greater chance of receiving the death penalty than other types of murder. In most states, the death penalty is awarded in a separate sentencing hearing where the jury can hear facts relevant to the case that were not admissible at the original trial.
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First-degree Murder
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The Supreme Court of the United States held in Coker v. Georgia, 1977, the death penalty could only constitutionally be imposed in cases of first-degree, premeditated murder. The case involved the state of Georgia seeking the death penalty against a rapist to which the Supreme Court ruled such a punishment violated the Eighth Amendment protections against cruel and unusual punishment. Further, the court held in Kennedy v. Louisiana, 2007, the death penalty was unconstitutional in cases of child rape. From that point on, only defendants convicted of taking the life of another are eligible for the death penalty, although no state statute guarantees a death sentence for any crime.
Aggravating Factors
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In order for a murder to be eligible for the death penalty, certain aggravating factors must be present. Every state with a death penalty has a different list of appropriate aggravating factors, but many factors are common to all states. As an example, the Pennsylvania penal code lists the following aggravating factors that, if present, could result in a death sentence for a convicted murderer: victim was a member of law enforcement, murder-for-hire, the death involved in a hostage or ransom situation, the death involved the hijacking of an aircraft, the victim was a prosecution witness, the defendant committed the killing during the commission of a felony, the killing involved a grave risk of death to others besides the victim, the victim was tortured, the defendant has a long history of violence, killing took place during a drug deal, victim under 12 years of age or victim in third trimester of pregnancy.
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Mitigating Factors
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Mitigating factors serve the opposite purpose as an aggravating factor. They help to bolster the defendant's case for life imprisonment as opposed to the death penalty. At the sentencing hearing, the defendant may present any mitigating factors present at the time of the killing to try and convince the jury that a life sentence is more appropriate than death. For example, the Pennsylvania penal code lists the following mitigating factors: no significant history of criminal behavior, defendant under the influence of extreme mental disturbance, defendant significantly mentally impaired, defendant's age, the victim participated in the homicidal plot, the defendant's participation in the homicidal plot was relatively minor or any other cognizable evidence concerning the defendant's character.
Appeals
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Almost all states with the death penalty impose a mandatory appeal to the governor or highest court in the state. This is to ensure all procedural requirements were met in the capital trial and the defendant was afforded all his constitutional rights. Once the defendant's state-level appeals have been exhausted, he may appeal to the federal government under what is known as habeas corpus. This is a doctrine by which an incarcerated capital offender pleas he is unlawfully detained and his case should be heard by the federal courts. If the federal habeas corpus is denied, the capital defendant's only hope is a pardon from the governor, which can come at any point up to immediately before an execution.
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