Requirements for DP

[Guru]

All,

Can't remember if I've asked this previously - apologies if I have - but can someone enlighten this non-American of the pre-requisites required for the DP to be delved out at sentence? Any State will do.

Guru.

[blakely]

At the guilt phase, a jury must find first degree murder and a special circumstance. In the penalty phase, the jury must find the aggravating factors outweigh the mitigating ones.

[chazz]

You will also find that, although Blakely is essentially correct, that different States have different laws as to exactly how it works.

(i.e. States usually have different lists of "Aggravating Factors" that would qualify one for the Death Penalty) there is a host of information on the internet.

Chazz

[Tozzie]

chazz said:

You will also find that, although Blakely is essentially correct, that different States have different laws as to exactly how it works.

(i.e. States usually have different lists of "Aggravating Factors" that would qualify one for the Death Penalty) there is a host of information on the internet.

Chazz

Blakely is correct on how it works, in everystate you must have aggravating factors and in every state the aggravating factors must outweigh the mitigating factors. As to what constitues an aggravating factor each state is different. Two different principles chazz.

[Anony+]

Tozzie
Blakely is correct on how it works, in everystate you must have aggravating factors and in every state the aggravating factors must outweigh the mitigating factors.

Actually, that's not entirely accurate. Some states have the jury weigh the mitigating vs aggravating factors and they must choose the one that outweighs the other. But some states (like Georgia) if the jury finds that at least one statutory aggravating factor exists, they are then permitted, but not required, to impose the death penalty. So no weighing, per se, is done.

Allison

[chazz]

allison said:

Tozzie
Blakely is correct on how it works, in everystate you must have aggravating factors and in every state the aggravating factors must outweigh the mitigating factors.

Actually, that's not entirely accurate. Some states have the jury weigh the mitigating vs aggravating factors and they must choose the one that outweighs the other. But some states (like Georgia) if the jury finds that at least one statutory aggravating factor exists, they are then permitted, but not required, to impose the death penalty. So no weighing, per se, is done.

Allison

What part of Georgia do you live in?

[Anony+]

chazz said:

What part of Georgia do you live in?

This darn quote thing isn't working right.....

Anyway, I'm in a suburb of Atlanta.

[chazz]

allison said:

chazz said:

What part of Georgia do you live in?

This darn quote thing isn't working right.....

Anyway, I'm in a suburb of Atlanta.

Is it nice there

[Anony+]

chazz said:

Is it nice there

Depends on what you're looking for. It's a great place to raise kids. Lots to do. Nice climate (but you have to be ok with HOT HOT during the summer).

But the traffic is terrible. Many of the public schools are horrible. And diversity (I'm from NY originally) is somewhat lacking, in my opinion.

[limbololly]

Is it right in thinking that the person has to kill for some sort of gain be it money or sexual before the are elegible for the DP?

[Anony+]

No, every state has their own set of aggravating circumstances.

If my memory serves me correctly, some of them in Georgia include (I think there are 7 total):

murder for $ or hire;
murder of a law enforcement officer;
murder that is seriously depraved;
murder of more than 1 person.

Anyway, that's not all of them, but the point is, it's not just a murder for hire situation.

Allison

[Deleted]

The following crimes are capital murder in Texas; murder of a public safety officer or firefighter; murder during the commission of kidnapping, burglary, robbery, aggravated assault, arson or obstruction or retaliation; murder for remuneration; murder during a prison escape; murder of a correctional employee; murder by a state prison inmate who is serving a life sentence; multiple murders; or murder of an individual under 6 years old.

Jason

[limbololly]

i am sorry but what makes a police or firefighter any better than any other person who didn't complete a training course?

[Deleted]

limbololly said:

i am sorry but what makes a police or firefighter any better than any other person who didn't complete a training course?

It does bring up the question, why not include doctors, or EMT's. And then why not Nurses, surgeons, etc. Where would it stop? I think this should extend to all people. If someone makes the conscious decision to take another humans life, then they deserve the death penalty, no matter what state they live in. Murder in Texas has victims just like Murder in any non DP state. Murder is murder, and it should be met with the same fate, DP. Just my opinion.

Jason

PS... I say stick em' and do it quickly.

[bigmama]

limbololly said:

i am sorry but what makes a police or firefighter any better than any other person who didn't complete a training course?

I believe that it's not just that the victim be a peace officer but that they were also on duty at the time they were killed. It's not that they're better than any one else. In California anyway.

[Anony+]

limbololly said:

i am sorry but what makes a police or firefighter any better than any other person who didn't complete a training course?

I don't know why firefighter is included in there -- I think most states have the police/peace officer. That's a death qualified case b/c you're pretty much directly slapping the whole criminal justice system in the face by killing someone charged with upholding the peace. That makes it more offensive than just killing the average citizen.

That's the reasoning, anyway....

allison

[thelittleun]

I have come across many cases in England where a policeman has been given compensation from the "Criminal Injuries Compenssation Board" and when a nurse applied for compensations the board told her that "The risk of being seriously injured by a patient is an accepted risk of the job and therefore they could not award compensation in this case".

Personally I think that this should be reversed as it must be the police who accept the risk of being injured or murdered on duty?

Best wishes,
Judy

[Shaka]

Allison is quite right, murdering a police officer is an aggrivating offence because it IS slap in the face to the entire system. Put it simply if you can kill a policeman then you absolutely no quarms about killing anyone. The point with firemen and prison officers is that on a daily basis they expose themselves to the "same" dangers as police. Prison officers are executing a law enforcement function, whilst firefighters risk their lives attending fires so arsonist knows he is risking firefighters lives especially if he uses incendiaries.

[thelittleun]

What is capital murder?
By MARILYN POWERS
Staff Writer

There are varying degrees of severity for a number of crimes in Texas, and murder is no different.

Certain mitigating circumstances might result in a charge of criminally negligent homicide or manslaughter. Other cases might be tried as murder cases. The most serious murder charge is capital murder.

A capital murder case is one in which the death penalty may be included as a possible punishment if the person accused of the crime is convicted, said 31st District Attorney Lynn Switzer in an interview Wednesday.

A murder case must meet certain criteria to be eligible for consideration as a capital murder case, with the possibility of the death penalty being assessed.

Capital murder cases must meet one or more of the following requirements:

€ Multiple victims. ”If a person kills multiple persons, that goes to a continuing threat, which is one of the things that has to be asked,“ Switzer said. ”If more than one person is murdered, either during the same criminal transaction or different criminal transactions pursuant to the same scheme or course of conduct, it is capital murder,“ she said.

€ Under age 6. If the murder victim is under 6 years of age, the case may be classified as capital murder.

€ A peace officer. ”If the victim is a law enforcement officer in the lawful discharge of their official duty at the time of the murder, it is capital murder,“ Switzer said.

€ Another felony at same time. If the murder occurs in the process of another felony being committed, it may be classed as capital murder.

€ Money. If the murder is committed for monetary gain, it can be considered capital murder.

€ Escape. If the murder occurs while the alleged perpetrator is escaping or attempting to escape custody or incarceration, it may be considered capital murder.

”Under the current case law, we are allowed to prosecute an unborn child's death as another murder,“ Switzer said.

One instance in which the death penalty cannot be included for consideration, even if one or more of the criteria is met to classify the case as a capital murder, is if the accused is age 17 or younger, she said.

”If they are 17 or younger, they cannot be sentenced to death,“ Switzer said.
www.thepampanews.com/articles/2005/10/08/news/3news.txt