CRM/LAW C165 Lecture Notes - Lecture 8: Emergency Medical Technician, Model Penal Code, Arson
3 May 2018
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Aggravation
• aggravation defined
o Generally speaking, “… in sentencing a defendant convicted of a capital crime,
the jury must weight any ‘aggravating’ circumstances against any ‘mitigating’
circumstances, and must find one or more of the [aggravating] to have been
present if the defendant is to be sentenced to death” (Bedeau, 26)
• model penal code aggravators (called ‘special circumstances’ in CA law) cited in Gregg
o murder was committed by a convict under sentence of imprisonment
o defendant was previously convicted of another murder or of a felony involving
the use or threat of violence to the person
o at the time the murder was committed the defendant also committed another
murder
o the defendant knowingly created a great risk of death to many persons
o the murder was committed while the defendant was engaged or was an
accomplice in the commission of, or an attempt to commit, or flight after
committing or attempting to commit a robbery, rape or deviate sexual intercourse
by force or threat of force, arson, burglary, or kidnapping
o the murder was committed for the purpose of avoiding or preventing a lawful
arrest or effecting an escape from lawful custody
o the murder was especially heinous, atrocious or cruel, manifesting exceptional
depravity
• newer aggravators
o victim was an emergency medical technician
o victim was 65 years of age or older
o victim was less than twelve
o offender was engaged in distribution, exchange, sale or purchase of drugs
o capital felony was committed by criminal street gang member
o murder was committed during the course of or as a result of a shooting where the
discharge of the firearm… is either from a motor vehicle or from the immediate
area of a motor vehicle that was used to transport the shooter or the firearm, or
both, from the scene of the discharge
o Simon refers to these newer aggravators as ‘tokens of our esteem’
▪ “through the production of capital aggravators the state lends its majesty
to the value that the community places in certain victims and certain
conduct”
• 2 issues with aggravators
o prosecutor has to have at least 1 aggravator if they want to pursue death penalty
against defendant
o if they pursue the defendant, then they will have penalty phase at trial to convince
jury to give defendant death penalty
▪ weighed against mitigating circumstances
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