Aggravation and mitigation in capital cases: what do jurors think?

Article Abstract:

Jurors apply moral standards when determining sentences in capital cases. Results of the Capital Juror Project evidence that generally recognized moral standards are applied when jurors weigh aggravating and mitigating factors. The results are the product of an extensive survey of jurors who answered specific questions regarding the motivations underlying their sentencing decisions. Mitigating factors most often indicate lack of intent or capacity to commit homicide, while aggravating factors indicate heinousness, dangerousness, and social pathology.

Surveys, Public opinion, Extenuating circumstances

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In state legislatures we trust? The "compelling interest" presumption and religious free exercise challenges to state civil rights laws

Article Abstract:

The author discusses First Amendment challenges brought in state courts by religious groups opposing application of civil rights laws prohibiting discrimination based on marital status or sexual orientation. Adoption of a judicial rule by federal and state courts which presumes that a state civil right law serves a compelling governmental interest is proposed.

Freedom of speech, Freedom of association, Civil rights

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Free exercise rights of capital jurors

Article Abstract:

The author argues that the US Supreme Court should apply the principle of strict scrutiny to the exclusion from capital cases of potential jurors whose views on the death penalty might impair their ability to reach an impartial verdict.

Social aspects

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