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COMPETENT CAPITAL REPRESENTATION: THE NECESSITY OF KNOWING AND HEEDING WHAT JURORS TELL US ABOUT MITIGATION

By John H. Blume / Sheri Lynn Johnson / Scott E. Sundby / Hofstra Law Review, on 1 January 2008


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While there are antecedent factual determinations jurors must make, including the existence of a statutory aggravating circumstance, the final decision the jurors must make is not factual in nature. As the courts have noted, this is an “awesome responsibility,” and the jury must make a “reasoned moral” decision whether life imprisonment without the possibility of parole or the death penalty is the appropriate punishment.

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