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Ch. 26
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2002 LAWS OF MARYLAND
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(V) THE DEFENDANT WAS OF A YOUTHFUL AGE AT THE TIME OF
THE MURDER;
(VI) THE ACT OF THE DEFENDANT WAS NOT THE SOLE PROXIMATE
CAUSE OF THE VICTIM'S DEATH;
(VII) IT IS UNLIKELY THAT THE DEFENDANT WILL ENGAGE IN
FURTHER CRIMINAL ACTIVITY THAT WOULD BE A CONTINUING THREAT TO SOCIETY;
OR
(VIII) ANY OTHER FACT THAT THE COURT OR JURY SPECIFICALLY
SETS FORTH IN WRITING AS A MITIGATING CIRCUMSTANCE IN THE CASE.
(I) FINDINGS; DOCUMENTATION OF DECISION.
(1) IF THE COURT OR JURY FINDS THAT ONE OR MORE OF THE
MITIGATING CIRCUMSTANCES UNDER SUBSECTION (H) OF THIS SECTION EXISTS, IT
SHALL DETERMINE BY A PREPONDERANCE OF THE EVIDENCE WHETHER THE
AGGRAVATING CIRCUMSTANCES UNDER SUBSECTION (G) OF THIS SECTION
OUTWEIGH THE MITIGATING CIRCUMSTANCES.
(2) IF THE COURT OR JURY FINDS THAT THE AGGRAVATING
CIRCUMSTANCES:
(I) OUTWEIGH THE MITIGATING CIRCUMSTANCES, A DEATH
SENTENCE SHALL BE IMPOSED; OR
(II) DO NOT OUTWEIGH THE MITIGATING CIRCUMSTANCES, A
DEATH SENTENCE MAY NOT BE IMPOSED.
(3) IF THE DETERMINATION IS BY A JURY, A DECISION TO IMPOSE A
DEATH SENTENCE MUST BE UNANIMOUS AND SHALL BE SIGNED BY THE JURY
FOREPERSON.
(4) A COURT OR JURY SHALL PUT ITS DETERMINATION IN WRITING AND
SHALL STATE SPECIFICALLY:
(I) EACH AGGRAVATING CIRCUMSTANCE FOUND;
(II) EACH MITIGATING CIRCUMSTANCE FOUND;
(III) WHETHER ANY AGGRAVATING CIRCUMSTANCES FOUND
UNDER SUBSECTION (G) OF THIS SECTION OUTWEIGH THE MITIGATING
CIRCUMSTANCES FOUND UNDER SUBSECTION (H) OF THIS SECTION;
(IV) WHETHER THE AGGRAVATING CIRCUMSTANCES FOUND
UNDER SUBSECTION (G) OF THIS SECTION DO NOT OUTWEIGH THE MITIGATING
CIRCUMSTANCES FOUND UNDER SUBSECTION (H) OF THIS SECTION; AND
(V) THE SENTENCE DETERMINED UNDER SUBSECTION (G)(2) OF
THIS SECTION OR PARAGRAPHS (1) AND (2) OF THIS SUBSECTION.
(J) SENTENCING.
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- 226 -
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