Montana Aggravating Factors For Capital Punishment

Started by heidi salazar, March 14, 2010, 11:31:53 PM

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heidi salazar

(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 killed the victim while lying in wait
(5) The defendant has been convicted of, or committed, a prior murder, a felony involving violence, or other serious felony
(6) 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.
(7) The victim was a government employee, including peace officers, police officers, federal agents, firefighters, judges, jurors, defense attorneys, and prosecutors, in the course of his or her duties
(8)The defendant raped a child
(9) The defendant knowingly or purposely and without lawful authority restrained another person by either secreting or holding in a place of isolation or by using or threatening to use physical force
(10)The willful, deliberate, and premeditated killing of any person in the commission of, or subsequent to, rape or attempted rape, forcible sodomy or attempted forcible sodomy or object sexual penetration

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