Capital Punishment in Nevada - Process

Process

The jury decides the sentence in a capital cases. It decides if aggravating and mitigating circumstances raised by the prosecution and defense are true. If aggravating circumstances outweigh the mitigating circumstances, the sentences that could be made include death, life imprisonment without parole, life imprisonment with parole in twenty years at a minimum or imprisonment for fifty years with parole in twenty years at a minimum. The amount of aggravating circumstances and the amount of mitigating circumstances equal, if no mitigating or aggravating circumstances exist or mitigating circumstances outweigh aggravating circumstances, the sentences that could be made include death, life imprisonment without parole, life imprisonment with parole in twenty years at a minimum or imprisonment for fifty years with parole in twenty years at a minimum. The Governor of Nevada sits on a board that determines clemency.

As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are constitutionally precluded from being executed.

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