Sentences with phrase «weighing aggravating factors»

Under state law, the death penalty can be imposed if a jury makes a unanimous recommendation after weighing aggravating factors presented by the prosecution and mitigating factors presented by the defense.

Under state law, the death penalty can be imposed if a jury makes a unanimous recommendation after weighing aggravating factors presented by the prosecution and mitigating factors presented by the defense.

Not exact matches

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.

The judge will weigh both the mitigating and aggravating factors in the case when making sentencing decisions.

Additionally, the court is required to weigh the mitigating and aggravating factors in the case prior to imposing a sentence.

If at least one aggravating factor exists, the Court then must see how it weighs against the mitigating factors.

The court is required to weigh all relevant aggravating and mitigating factors in the case in order to determine a just sentence for the accused.

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.