Process
The jury decides the sentence in Oregon for the crime of aggravated murder, as proscribed by ORS 163.105. Death, imprisonment without parole and life imprisonment are allowed as sentences. Life imprisonment must have a minimum period where the defendant is not allowed parole of thirty years. Mitigating and aggravating factors are to be considered during sentencing.
Mitigating Factors:
- Whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that death of the deceased or another would result;
- Whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society;
- If raised by the evidence, whether the conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased; and
- Whether the defendant should receive a death sentence.
The Governor of Oregon has sole authority over clemency, including capital cases.
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.
Read more about this topic: Capital Punishment In Oregon
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