Arizona Demand for Notice of Aggravating and for Disclosure of Evidence Supporting Mitigating Circumstances
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How to fill out Demand For Notice Of Aggravating And For Disclosure Of Evidence Supporting Mitigating Circumstances?
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FAQ
States vary in the specific circumstances they define as aggravating factors, but generally include murders committed during the commission of another crime, murders committed for monetary gain, murders of police officers, multiple murders, or other murders considered to be particularly aggravated.
Aggravating circumstances include prior convictions, grave risk of danger, murder with pecuniary gain, inmate murders, especially heinous or depraved murders, and prior felony crimes of violence.
If the State files a notice of intent to seek the death penalty, the State must, at the same time, provide the defendant with a list of aggravating circumstances that the State intends to prove in the aggravation phase of the trial.
Aggravating factors are facts or details about the offence, the victim and/or the offender that tend to increase the seriousness of the offence and the sentence to be imposed. Mitigating factors are a fact or detail about the offender and their offence that tend to reduce the severity of their sentence.
Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime. Recognition of particular aggravating circumstances varies by jurisdiction.
A defendant's disclosure obligation extends to material and information within the possession or control of the defendant, defense counsel, staff, agents, investigators, or any other persons who have participated in the investigation or evaluation of the case and who are under the defendant's direction or control.
Aggravating factors are defined as any facts that increase the level of severity of any criminal activity. For example, recidivism, harm to the victim, or lack of remorse is what most aggravating factors are made of. Different jurisdictions have different aggravating factors.
A. A sentence of imprisonment for a felony shall be a definite term of years and the person sentenced, unless otherwise provided by law, shall be committed to the custody of the state department of corrections.