Concepts of Culpability and Deathworthiness: Differentiating Between Guilt and Punishment in Death Penalty Cases

Crocker, Phyllis L



This article argues that the correct conceptualization of the punishment-phase determination is one that asks about the defendant's deathworthiness, not his culpability. Deathworthiness is broad enough to include all of the factors relevant to the sentencing decision: the defendant's culpability for the crime, as well as his character, record, and background, and the circumstances and character of the murder. Deathworthiness appropriately refocuses the inquiry from whether the defendant is blameworthy-the question resolved at the guilt phase-to whether the defendant is worthy of being sentenced to death-the judgment made at the punishment phase.
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Entry Type : Uncategorized
Uploaded By : International Crimes Strategy Forum (ICSF)
Upload date : Saturday, 3 May 2014

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