Description
Class readings:
https://www.dropbox.com/sh/s7rcjz1xfv027oa/AABFteL-KPLhjchH2KLGjS7Da/Class%203/Class%203%20Part%201%20-%20Proportionality.pdf?dl=0
Proportionality, Aggravating Factors, and Future Dangerousness
The death penalty is supposedly imposed only for the most aggravated crimes committed by the most incorrigible offenders – “the worst of the worst.†The Supreme Court in interpreting the “cruel and unusual clause†grappled with the questions of whether the death penalty was “excessive†or “disproportionate†for certain crimes – deciding whether it may be imposed for certain crimes and upon certain kinds of offenders. Most capital sentencing statutes provide for consideration of “aggravating factors†in deciding whether to impose the death penalty. Aggravating factors are supposed to limit the death penalty to the worst crimes and the most incorrigible offenders. This class examines the degree to which the factors used are meaningful, and whether some may be so vague that they do not protect against arbitrariness. One of the most controversial aggravating circumstances is “future dangerousness†which requires a prediction of whether the offender is likely to be a danger to society in the future. The class examines the evidence which may be considered by the jury in answering the question and the reliability of the decisions reached, as well as how a defendant may attempt to rebut that prediction.
Proportionality – Part II (s3b)
The death penalty is supposedly imposed only for the most aggravated crimes committed by the most incorrigible offenders – “the worst of the worst.†This segment is about the Court’s decisions finding that death is excessive and disproportionate for certain crimes, such as those in which the victim was not killed, and for certain offenders, such as the intellectually disabled and those under 18 at the time of their crimes.
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