Weighing the Evidence: How Pennsylvania Juries Determine Whether to Impose the Death Penalty

The penalty phase of a death penalty case in Pennsylvania is a crucial part of the legal process. During this phase, the jury must determine whether the defendant should be sentenced to death or life imprisonment without the possibility of parole. In this blog post, we will explore in very general terms how the penalty phase of a death penalty case is handled in Pennsylvania, including the specific types of aggravating factors and mitigators that the jury considers.

Under Pennsylvania law, the penalty phase of a death penalty case begins after the jury has convicted the defendant of first-degree murder. The prosecution then presents evidence of aggravating factors, which are specific circumstances that make the crime more heinous or worthy of the death penalty. Some examples of aggravating factors in Pennsylvania include the victim being a police officer or a child, the crime being committed during the commission of another felony, and the defendant having a history of violent behavior.

Once the prosecution has presented its evidence of aggravating factors, the defense can present evidence of mitigating factors, which are circumstances that suggest that the defendant should not be sentenced to death. Some examples of mitigating factors in Pennsylvania include the defendant’s age, mental capacity, and lack of prior criminal record.

After hearing the evidence of aggravating and mitigating factors, the jury must determine whether the aggravating factors outweigh the mitigating factors. If the jury determines that the aggravating factors outweigh the mitigating factors, the defendant will be sentenced to death. However, if the jury determines that the mitigating factors outweigh the aggravating factors, the defendant will be sentenced to life imprisonment without the possibility of parole.

It is important to note that under Pennsylvania law, the jury must be unanimous in its decision to impose the death penalty. If the jury cannot reach a unanimous decision, the defendant will be sentenced to life imprisonment without the possibility of parole.

In conclusion, the penalty phase of a death penalty case in Pennsylvania is a complex and highly scrutinized process. During this phase, the jury considers evidence of aggravating and mitigating factors to determine whether the defendant should be sentenced to death or life imprisonment without the possibility of parole. The specific types of aggravating factors and mitigators that the jury considers are outlined by Pennsylvania law, and the jury must reach a unanimous decision in order to impose the death penalty.