a
sentencer must "take into account how children are different, and
59) Because mandatory life without parole sentences for juveniles "preclude a
sentencer from taking account of an offender's age and the wealth of characteristics and circumstances attendant to it," they "pose[ ] too great a risk of disproportionate punishment," Justice Kagan warned.
This Part requires the most complicated analysis because unlike death-eligibility decisions, which are dictated by law, (16) death-worthiness decisions emerge from an opaque brew of many factors, including, but not limited to, resource differentials among jurisdictions, (17) prosecutorial attitudes, (18) the wishes of the murder victim's survivors, (19) defense counsel performance, (20) public opinion, (21) and
sentencer reactions.
He was a
sentencer, convicted receive just Sir David Clarke, Recorder of He became Chief Magistrate in Aden in 1953, after being recruited by the Colonial Office, and was later Acting Chief Justice in Tanganyika until Independence when his job was abolished.
Georgia's holding that it was "cruel and unusual" to give the
sentencer unfettered discretion to decide whether to impose the death penalty because it rendered the penalty a "random and infrequent event.
Then, the Supreme Court held in Miller that it was a violation of the Constitution to impose mandatory LWOP sentences, and that a
sentencer must take into account an offender's youth and attendant characteristics before imposing a penalty of LWOP.
Some tend to think of mitigation primarily as explanation--an offering of evidence that helps the
sentencer understand why the defendant came to do what he did.
T]he Eighth and Fourteenth Amendments require that the
sentencer .
The 'odiousness' of an offence has presumably already been factored into the severity limb of the proportionality analysis by the
sentencer, and to not allow it to be factored into the penalty harshness limb would, in fact, mean that the same consideration operates against the offender twice.
7) The Court in Gregg held that the Georgia statute was constitutional where the
sentencer was informed of the relevant considerations in aggravation and mitigation and was provided with standards in the use of the information.
The executive branch, through DOJ, acted as investigator, prosecutor, judge, jury,
sentencer and collector, without any review or approval of its unilateral and largely secret actions," Better Markets said in the lawsuit.
The question of what weight to give to the offender's youth was determined by the
sentencer on a case-by-case basis.
