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Session Laws, 1977
Volume 735, Page 3778   View pdf image
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3778
VETOES
d)     The victim was a child abducted in
violation of Section 2 of Article 27; e)     The defendant committed the murder for
remuneration or the promise of remuneration or employed
another to commit the murder for remuneration or the
promise of remuneration; f)     At the time of the murder, the defendant
was under a sentence of life imprisonment; g)     The defendant committed more than one
offense of murder in the first degree arising out of the
same or separate incidents; h) The defendant committed the murder while
committing or attempting to commit robbery. 2- Whether sufficient mitigating circumstances
exist as enumerated under the law which outweigh the
aggravating circumstances. The mitigating circumstances
are as follows: a)     The defendant has no significant history
of prior criminal activity; b)     The first degree murder was committed
while the defendant was under the influence of extreme
mental or emotional disturbance; c)     The victim was a participant in the
defendant's conduct or consented to the act; d)     The defendant was an accomplice in the
first degree murder committed by another person and his
participation was relatively minor; e)     The defendant acted under extreme duress
or under the substantial domination of another person; f)     The capacity of the defendant to
appreciate the criminality of his conduct or to conform
his conduct to the requirements of law was substantially
impaired; g)     The age of the defendant at the time of
the crime. 3.     Based on these considerations, whether the
defendant should be sentenced to life imprisonment or
death. 4.     Recommendation of a death penalty can be made
only upon unanimous decision of the jury.


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Session Laws, 1977
Volume 735, Page 3778   View pdf image
 Jump to  
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