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HARRY HUGHES, Governor 2319
Article 27 - Crimes and Punishments
Section 413(g)
Annotated Code of Maryland
(1982 Replacement Volume and 1982 Supplement)
Preamble
The General Assembly is aware that the Supreme Court has
held that evidence of the intoxication of a defendant in a case
involving the death penalty must be allowed and considered as a
factor in mitigation. The General Assembly further believes that
such mitigating factor should be considered under the eighth
mitigating factor and not highlighted specifically so as to
appear more as justification than as one of the many factors that
may be considered as possible mitigation. In striking the word
intoxication from the fourth mitigating factor, the General
Assembly is not eliminating the consideration of intoxication but
altering the emphasis presently indicated; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 27 - Crimes and Punishments
413.
(g) If the court or jury finds, beyond a reasonable doubt,
that one or more of these aggravating circumstances exist, it
shall then consider whether, based upon a preponderance of the
evidence, any of the following mitigating circumstances exist:
(1) The defendant has not previously (i) been found
guilty of a crime of violence; (ii) entered a plea of guilty or
nolo contendere to a charge of a crime of violence; or (iii) had
a judgment of probation on stay of entry of judgment entered on a
charge of a crime of violence. As used in this paragraph, "crime
of violence" means abduction, arson, escape, kidnapping,
manslaughter, except involuntary manslaughter, mayhem, murder,
robbery, or rape or sexual offense in the first or second degree,
or an attempt to commit any of these offenses, or the use of a
handgun in the commission of a felony or another crime of
violence.
(2) The victim was a participant in the defendant's
conduct or consented to the act which caused the victim's death.
(3) The defendant acted under substantial duress,
domination or provocation of another person, but not so
substantial as to constitute a complete defense to the
prosecution.
(4) The murder was committed while the capacity of
the defendant to appreciate the criminality of his conduct or to
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