Searchfortruth
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I thought this was an interesting question JBean, so I went looking for an answer. I found a very small part of an answer, in the article linked below.I wonder if KC were found to be guilty and additionally diagnosed as a sociopath, psychopath or other psychological disorder that may cause her to display similar behavior in the future, would that be used as an aggravating factor in favor of the death penalty?
As opposed to any kind of mental disorder being used as a mitigating factor, would it be used for just the opposite?
"The use of a mental disorder, even anti-social personality disorder (ASPD), to justify imposition of the death penalty should be impermissible under the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution. This thesis, however, does not prevail today. In many jurisdictions, sentencing juries are permitted to use mental disorder as a factor, or the factor, warranting a death penalty."
https://litigation-essentials.lexis...cid=3B15&key=47f8896c9b4bde549f7c31c9b1a0a35e
This also explains it well...
Psychopath brain and crime — mitigating or aggravating?
"I vote aggravating, because psychopathy is a permanent condition, and therefore argues against rehabilitation – the stated goal for mitigation in capital cases. Unlike other mental illnesses that can be treated — or even adolescent brains that grow up — psychopathy is not transient, it is very permanent unless white matter grows back. Therefore, the “my psychopathic brain made me do it” mental illness defense goes toward a more severe punishment, rather than a less severe one."
http://neurologicalcorrelates.com/w...th-brain-and-crime-mitigating-or-aggravating/