Capital punishment – is the death penalty (at common law almost every law would get this)MurderCriminal sexual conduct with a minor 1st degree and second offenseUnenforceable under Kennedy vs. Louisiana said you cant give the death penalty unless someone was killedIn SC if you get the DPWill be lethal injection or the electric chairRape or murderJury will decide if you get DP or not in SC – if they are hung it is life without paroleMurder – have to have death plus some aggravating factor. Not every murder is an aggravated offense. Once you’ve made it through this – you’ve made it through the guilt phase. If they don’t pick any of the below aggravated factors, then its regular murder.Examples: murder plus CSC, kidnapping, burglary, armed robbery, killed by poison, drug trafficking involved, if the killer had a prior murder conviction, hired killing, killed a judge, solicitor, department of corrections employee or fireman while on duty or any of their family members, if you kill a child under the age of 12, if you killed 2 or more victims, if you killed a witness in a case.Prosecutor will no bring in evidence that they couldn’t bring in the trial because it would have tainted the jury. The defense will try to say good things about him and this is known as mitigating factors (put the defendant in a better light). We are required to do this and have to present in a DP trial.Examples of mitigating factors: (have to prevent these to the jury) No prior violent convictions, mental or emotional disturbance, if the victim in the case somehow participated or consented to it, if the victim was an accomplice to the murder, if their was duress or domination, if the defendant could not appreciate his conduct or conform his conduct to the law (cant stop themselves), the defendant’s age or mentality, if somehow the victim provoked the defendant (not enough for self defense).What happens if the person is convicted and sentenced to death and they become mentally ill while on death row? If you become legally incompetent, we cannot execute you until are competent. We can give you drugs, until you are competent. You have to be 18 to get the DP.Why don’t we give the DP to someone who is mentally ill? Because of cruel and unusual punishment.On the federal levelCan get DP for treason and murderDP cases are Bifurcated trials (have to go through both phases)Guilt phase – first have to prove you’re guilty of a DP crime. Have to find that you’re guiltySentencing phase – 24 hour cooling phase for the jury. They will decide if you’re going to get the DP or life without parole. you’re already guiltyCRJU 314 1nd Edition Lecture 16Outline of Last Lecture I. Prison CreditsOutline of Current Lecture II. Capital punishmentIII. MurderIV. CSC with a minor 1st degree second offenseV. SC Death PenaltyVI. Federal LevelVII. Bifurcated TrialsCurrent Lecture These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute. Capital punishment – is the death penalty (at common law almost every law would get this)- Murder- Criminal sexual conduct with a minor 1st degree and second offenseo Unenforceable under Kennedy vs. Louisiana said you cant give the death penalty unless someone was killed - In SC if you get the DP o Will be lethal injection or the electric chair o Rape or murdero Jury will decide if you get DP or not in SC – if they are hung it is life without parole o Murder – have to have death plus some aggravating factor. Not every murder is an aggravated offense. Once you’ve made it through this – you’ve made it through the guilt phase. If they don’t pick any of the below aggravated factors, then its regular murder.  Examples: murder plus CSC, kidnapping, burglary, armed robbery, killed by poison, drug trafficking involved, if the killer had a prior murder conviction, hired killing, killed a judge, solicitor, department of corrections employee or fireman while on duty or any of their family members, if you kill a child under the age of 12, if you killed 2 or more victims, if you killed a witness in a case.  Prosecutor will no bring in evidence that they couldn’t bring in the trial because it would have tainted the jury. The defense will try to say good things about him and this is known as mitigating factors (put the defendant in a better light). We are required to do this and have to present in a DP trial. Examples of mitigating factors: (have to prevent these to the jury) No prior violent convictions, mental or emotional disturbance, if the victim in the case somehow participated or consented to it, if the victim was an accomplice to the murder, if their was duress or domination, if the defendant could not appreciate his conduct or conform his conduct to the law (cant stop themselves), the defendant’s age or mentality, if somehow the victim provoked the defendant (not enough for self defense).  What happens if the person is convicted and sentenced to death and they become mentally ill while on death row? If you become legally incompetent,we cannot execute you until are competent. We can give you drugs, until you are competent. You have to be 18 to get the DP. Why don’t we give the DP to someone who is mentally ill? Because of cruel and unusual punishment.- On the federal levelo Can get DP for treason and murder- DP cases are Bifurcated trials (have to go through both phases)o Guilt phase – first have to prove you’re guilty of a DP crime. Have to find that you’re guilty o Sentencing phase – 24 hour cooling phase for the jury. They will decide if you’re going to get the DP or life without parole. you’re already