Sentences with phrase «against aggravating factors»
The judge in the case will weigh both mitigating (factors that work in the favor of the accused) against aggravating factors (factors that work against the accused) to determine a just and fit sentence for the crime committed.
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If at least one aggravating factor exists, the Court then must see how it weighs against the mitigating factors.
Essentially, he treated the choking as an aggravating factor in relation to the sentencing for the other offences committed against each victim.
Despite recognizing that some other courts have reached a different conclusion, the Ohio Supreme Court held that jury's weighing of aggravating circumstances against mitigating factors is not a fact - finding process, so it is not governed by Hurst, but even if it were, there was no violation because Ohio law requires the jury to unanimously agree that aggravating circumstances outweigh mitigating circumstances beyond a reasonable doubt before the trial judge can consider imposing a death sentence.