Sentences with phrase «aggravating factors outweigh»

If the aggravating factors outweigh the mitigating factors, then death is a legal penalty.

The Delaware court found that a jury not only must decide whether there were «aggravating circumstances» that could justify a death penalty, but also must find, «unanimously and beyond a reasonable doubt,» that such aggravating factors outweigh any mitigating circumstances — the critical determination in imposing a death sentence.

Not exact matches

However, those mitigators are significantly outweighed by the aggravating factors, which will likely result in a prison term.

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.