Equally, culpable defendants are two or more defendants who are equally responsible for a crime. This means that each defendant is liable for the same criminal act, and they have the same degree of responsibility for the crime. It is also known as joint and several liabilities or joint and some culpability. There are two types of equally culpable defendants: joint defendants and concurrent defendants. Joint defendants are those who work together in the commission of a crime. They have the same level of responsibility for the crime and all of them can be held liable for the entire criminal act. Concurrent defendants are those who are involved in the commission of a crime independently of one another, but both are equally responsible for the crime. They both can be held liable for the entire criminal act. In both of these situations, the court will determine the degree of responsibility for each defendant and hold them both responsible for the same level of criminal liability. The court will also order the defendants to pay the same amount of restitution or fines.
EQUALLY CULPABLE DEFENDANTS
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The death penalty can only be imposed on defendants convicted of capital offenses ? such as murder, treason, genocide, or the killing or kidnapping of a Congressman, the President, or a Supreme Court justice. Unlike other punishments, a jury must decide whether to impose the death penalty.
Some examples include a lack of remorse, a leadership role in the crime, or history of criminal behavior. If a case's mitigating circumstances outweigh the aggravating circumstances, the judge is likely to be less aggressive in their ruling.
Any fact or circumstance that lessens the severity or culpability of a criminal act. Mitigating factors include an ability for the criminal to reform, mental retardation, an addiction to illegal substances or alcohol that contributed to the criminal behavior, and past good deeds, among many others.
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.