Comments: Grounds For Departure

Wow. That's bold.

"See, your honor, by stabbing the victim 30 times in 45 seconds, I was trying to ensure that his death was as painless as possible. I should get some credit for that, right?"

Posted by Mr. Poon at February 27, 2004 02:21 PM

Well, that would be grounds in some states to counter the prosecution's argument that a convict tortured a victim, so yes.

Posted by Taint at February 27, 2004 03:08 PM

Is concealing or destroying evidence of a crime an aggravating factor under the guidelines?

Posted by Beldar at February 27, 2004 06:26 PM

It always depends on state law, but as a general matter, no. Destruction of evidence is not by itself an aggravating factor under any death penalty statute I am aware of. That doesn't mean, however, that conduct which includes the destruction of evidence will not be admissible at sentencing as part of a broader aggravating factor argument.

Posted by Chuck at February 28, 2004 12:12 PM

"I wasn't trying to destroy evidence, your honor, I was trying to limit the emotional shock when the victim's family found him."

Posted by Slithery D at March 1, 2004 10:51 AM