Does a jury need to consider the character and record of the individual offender?
MultiRegion, United States of America
The following excerpt is from John Doe v. Ayers, No. 15-99006 (9th Cir. 2015):
requires consideration of the character and record of the individual offender," because therein may lie "compassionate or mitigating factors stemming from the diverse frailties of humankind." Woodson v. N. Carolina, 428 U.S. 280, 304 (1976). Doe should have been presented to and considered by the jury as a "uniquely individual human being[]," who endured the trauma we now recount. Id.
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