Florida Aggravating And Mitigating Factors For Capital Punishment

Started by heidi salazar, March 14, 2010, 10:58:03 PM

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heidi salazar

March 14, 2010, 10:58:03 PM Last Edit: May 21, 2010, 02:50:41 PM by Heidi
(1)The murder was especially heinous, atrocious, cruel, or depraved (or involved torture)
(2) The capital offense was committed during the commission of, attempt of, or escape from a specified felony (such as robbery, kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy)
(3) The defendant knowingly created a grave risk of death for one or more persons in addition to the victim of the offense
(4) The defendant committed the murder after substantial planning and premeditation
(5) The murder was committed for pecuniary gain or pursuant to an agreement that the defendant would receive something of value
(6) The murder was committed to avoid or prevent arrest, to effect an escape, or to conceal the commission of a crime
(7) The capital offense was committed to interfere with the lawful exercise of any government function or the enforcement of the laws
(8) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(9) The capital offense was committed by a person who is incarcerated, has escaped, is on probation, is in jail, or is under a sentence of imprisonment
(10)The defendant was a criminal street gang member
(11)The victim of the capital felony was a person less than 12 years of age
(12)The victim of the capital felony was particularly vulnerable due to disability, or because the defendant stood in a position of familial or custodial authority over the victim
(13) The victim was an elected or appointed official or former official of the federal government, or local or state government, and the killing intentionally prevented the victim's official duties
(14)The defendant engaged in drug trafficking
(15)The defendant raped a child
(16)The capital felony was a homicide and was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification
(17)The capital felony was committed by a person designated as a sexual predator or a person previously designated as a sexual predator who had the sexual predator designation removed


MITIGATING CIRCUMSTANCES

n The defendant has no significant history of prior criminal activity.

n The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.

n The victim was a participant in the defendant's conduct or consented to the act. -- The defendant was an accomplice in the capital felony committed by another person and his or her participation was relatively minor.

n The defendant acted under extreme duress or under the substantial domination of another person.

n The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired.

n The age of the defendant at the time of the crime.

n The existence of any other factors in the defendant's background that would mitigate against imposition of the death penalty.

-- Source: Florida Statute 921.141.


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