Alabama Motion to Bar Use of Certain Aggravating Circumstances
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How to fill out Motion To Bar Use Of Certain Aggravating Circumstances?
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South Carolina (2001), and Kelly v. South Carolina (2002)? The Supreme Court has held that a capital sentencing instruction to juries not to be swayed by "mere sympathy, passion, prejudice or public opinion" undermines the defendant's ability to present mitigating evidence and violates the 8th and 14th Amendments.
The government must prove the existence of aggravating factors beyond a reasonable doubt, and the jury must unanimously agree that such a factor or factors have been established.
In White v. Wheeler, the Court recognized that a trial judge's decision to excuse a prospective juror in a death penalty case was entitled to deference even when the judge does not make the decision to excuse the juror contemporaneously with jury selection (voir dire). See 577 U.S. 73, 78?80 (2015) (per curiam).
This evidence, which can include mental problems, remorse, youth, childhood abuse or neglect, a minor role in the homicide, or the absence of a prior criminal record, may reduce the culpability of the defendant in the killing or may provide other reasons for preferring a life sentence to death.
Foster was decided on the thirtieth anniversary of Batson v. Kentucky, the first in the line of cases to prohibit striking prospective jurors on the basis of their race or gender. But the evidence of discrimination for Batson challenges is rarely so obvious and available as it was in Foster.
Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal. Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime.
Supreme Court first addressed the issue of racial discrimination in jury selection in its 1880 decision, Strauder v. West Virginia.
In the first such case, Wilkerson v Utah,10 the Court held that death by firing squad did not constitute cruel and unusual punishment.