Crim Pro 10
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Does a death penalty statute violate the Constitution if it REQUIRES the death penalty for certain categories of crimes?
YES, such a statute would violate the Eighth Amendment's prohibition against CRUEL AND UNUSUAL punishment
In deciding whether to impose the death penalty, what MUST jurors be allowed to consider?
ALL POTENTIALLY MITIGATING EVIDENCE
What 3 categories of ∆s, does the 8TH AMENDMENT prohibit the imposition of the death penalty?
- ∆s with MENTAL RETARDATION
- ∆s who are PRESENTLY insane (but permissible to impose death penalty when insanity clears)
- ∆s who were UNDER the age of 18 AT THE TIME THE OFFENSE OCCURRED (not their age at sentencing)
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