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- PART C Making the Capital Decision(Chapter 11. - 19.)
- 14. Making the Capital Decision: Deciding Mitigation.(Article A. - C.)
b. Arizona Statutory Authority.
Jurisdiction | Arizona |
i. A.R.S. § 13-703(G).
(1) This subsection states that “[m]itigating circumstances shall be any factors proffered by the defendant or the state which are relevant in determining whether to impose a sentence less than death, including any aspect of the defendant’s character, propensities or record and any of the circumstances of the offense, including but not limited to the [statutory mitigating circumstances].”
(2) Editor’s Note: For a discussion of the statutory mitigating circumstances listed under A.R.S. § 13-703(G), see Sections 34-41.
ii. A.R.S. § 13-703(D).
(1) A 1999 amendment to A.R.S. § 13-703(D) states, “In evaluating the mitigating circumstances, the court shall consider any information presented by the victim regarding the murdered person and the impact of the murder on the victim and other family members.”
...(2) Editor’s Note. At the time of
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