5th amendment: due process
6th Amendment: speedy and public trial, impartial jury
8th amendment: cruel and unusual punishment
Rolling v. State of Florida- HAC as aggravating factor: Heinous: especially wicked or shockingly evil; Atrocious: outrageously wicked and vile; Cruel: designed to inflict a high degree of pain
– Acts after vic’s death can’t be considered in HAC analysis
– Important that vic was awake during stabbing -> HAC
– FLORIDA LAW – if aggravating circ’s outweigh mitigating -> death – examples of mitigating: assisted suicide, extreme duress, accomplice, substantially impaired – if 1 or more aggravating circ’s are proven, prosecution can show victim impact evidence – goes to uniqueness of vic, impact of vic’s death: danger of undue prejudice?
CO v. Harlan
– Jury used Bibles in deliberation: RULE: can’t use extraneous info for juror consideration
– Look to effect info might have on juror, reasonable possibility of prejudice?
– Court held use of religious text mandating the DP was improper
Gregg v. GA- DP doesn’t invariably violate 8th
Brown
– Claimed 6th and 14th am violated by excusing jurors who couldn’t be impartial in imposing DP
– HELD: state can’t take away right to impartial jury by removing anti-DP jurors, but deference is given to trial court to determine which jurors stay/go
Kelly v. CA
– RULE: Victim impact evidence is admissible as long as it is not unduly prejudicial as to render the trial fundamentally unfair à 14th Am
– Video added nothing relevant to deliberations
Executing the Insane
Rambo on Executing the Insane- why not execute: they don’t understand the reasoning behind what they’ve done- Factors of Cruelty (8th Am): unable to prepare for death, no deterrence, offends humanity/dignity of society, historical, mindless vengeance, insane can’t defend (6th am), being insane is punishment enough, no retribution because they can’t understand, can’t get right with God before execution- after trial and sentencing, person must still be sane at time of execution
