Aggravating

If a defendant is found guilty of a capital crime, the triers of fact are called on to weigh the significance of the aggravating and mitigating factors of the case and to use such judgments to decide whether the defendant will receive the death penalty or a life sentence. During the sentencing phase, the prosecution

Aggravating factors are elements of the crime or the defendant’s prior criminal record that not only make the defendant eligible for the death penalty but also serve to make the defendant more likely to receive the death penalty. Mitigating factors are elements of the crime or the defendant’s character and background that could make the