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
Famous quotes containing the word process:
“To me, the whole process of being a brushstroke in someone else’s painting is a little difficult.”
—Madonna [Madonna Louise Ciccione] (b. 1959)
“Healthy parenting is nothing if not a process of empowerment. As we help to raise our children’s self-esteem, we also increase their personal power. When we encourage them to be confident, self-reliant, self-directed, and responsible individuals, we are giving them power.”
—Louise Hart (20th century)
“The American, if he has a spark of national feeling, will be humiliated by the very prospect of a foreigner’s visit to Congress—these, for the most part, illiterate hacks whose fancy vests are spotted with gravy, and whose speeches, hypocritical, unctuous, and slovenly, are spotted also with the gravy of political patronage, these persons are a reflection on the democratic process rather than of it; they expose it in its process rather than of it; they expose it in its underwear.”
—Mary McCarthy (1912–1989)