Capital Murder Flashcards
1
Q
Capital Punishment Phase
A
Whether the defendant should or should not be punished by the death penalty based on aggravating factors and mitigating factors
- Decided by a jury
- Aggravating Factors: the prosecution will try to show that the defendant is of sound mind
2
Q
Two stages of Capital Murder
A
Guilt and Innocence
3
Q
Witherspoon excusables (from the jury)
A
people who say that they would absolutely not be able to find for the death penalty
◦ this has been challenged for a violation of due process because typically this kind of a jury is more favorable to the prosecution
