I made these notes for me, but thought maybe some of ya'll might find them useful too.
In order to give any of them Death Penalty, there are six steps;
Six Essential Steps in Ohio Death Sentence Process
When a criminal defendant elects a trial by jury,
R.C. 2929.03 and
R.C. 2929.04 establish the requirements of imposing a death sentence.
To face a death sentence in Ohio, a
defendant must be charged with aggravated murder and at least one
specification of an
aggravating circumstance.
Next, Ohio’s prosecution must
prove beyond a
reasonable doubt that the defendant is guilty of the aggravated murder and any specification. A jury must find the defendant guilty of both...
Once the defendant has been found guilty of both by the jury, the accused will be sentenced either to death or life imprisonment.
At that point, the trial enters the sentencing phase, and a jury is presented with information including presentence-investigation reports, a statement by the offender,
evidence of aggravating circumstances that could lead a jury to issue a more severe sentence, and
mitigating circumstances that could lead the jury to issue a more lenient sentence. For a jury to select a death sentence, the prosecution must prove beyond a reasonable doubt that the aggravating circumstances outweigh the mitigating factors.
Once the jury finds the aggravating circumstances outweigh the mitigating factors, the jury must recommend a death sentence to the trial judge.
As the last key step, if the jury recommended a death sentence, the trial judge then independently assesses whether the aggravating circumstances outweigh the mitigating sentences. If the judge agrees with the jury, the judge can impose a death sentence... Unlike the jury, the trial judge must state in an
opinion why the aggravating circumstances outweigh the mitigating circumstances.
Ohio Death Penalty Sentencing Process Ruled Constitutional
