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3777
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MARVIN MANDEL, Governor
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The Bill provides generally that the permissible
sentence upon conviction of murder in the first degree
shall be either death or imprisonment for life. The
procedure for imposition of the death penalty is
accomplished in a bifurcated trial. Upon conviction of a
defendant of first degree murder, the court conducts a
separate sentencing proceeding to determine whether the
defendant should be sentenced to death or to life
imprisonment. The proceeding is to be conducted by the
trial judge before the trial jury as soon as practical,
but if a jury trial has been waived or if the defendant
has pleaded guilty, the sentencing proceeding may be
conducted by a jury impaneled for that purpose, unless
waived by the defendant. 2
At the sentencing proceeding, evidence may be
presented as to any matter that the court deems relevant
to sentence, including matters relating to any of the
aggravating or mitigating circumstances enumerated in the
statute. Any such evidence deemed by the court to have
probative value may be received, regardless of
admissibility under the exclusionary rules of evidence,
although no evidence may be admitted which was secured in
violation of the federal or state constitutions.
Argument may be presented by the state and the defendant
or his counsel for or against the death sentence.
After the evidence is heard in the sentencing
proceeding the jury is to render an advisory sentence to
the trial judge based upon the following matters:
1. Whether sufficient aggravating circumstances
exist as enumerated under the Law. These aggravating
circumstances are limited to the following:
a) The defendant committed the murder at a
time when he was confined or under sentence of
confinement to any correctional institution in this
State.
b) The victim was a law enforcement officer
as defined in Article 27, Section 727, an officer serving
in a probationary status, a parole and probation officer,
or a law enforcement officer of a jurisdiction outside of
Maryland who was murdered during the performance of his
duty; or the defendant committed the murder in
furtherance of an attempt to escape from or evade the
lawful custody, arrest or detention of or by a
correctional officer or guard;
c) The victim was a hostage taken or
attempted to be taken in the course of a kidnapping or an
attempt to kidnap;
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