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If a defendant has a diagnosis that precludes the death penalty, the DP will be off the table (regardless of what the jury feels).<snipped for focus>
Do mitigating factors in the sentencing phase apply only to disorders that are part of a protected class, or could a member of a jury decide during the sentencing phase that they don't want to vote for the death penalty and have a firing squad shoot someoene who might have ASDL1 or other similar developmental disorder. I think that is a very real possibility, although a vote for life without parole would be very likely for the jury if BK is found guilty at trial.
Also, I don't remember if the jury has to be unanimous in its vote for the death penalty during the sentencing phase. I assume so, but don't remember the discussions we had on this early on in this forum.
Otherwise, the jury gets to decide what it feels is mitigating. Example: the Parkland shooter
IMO
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