Is intoxication a mitigating factor to the death penalty?
MultiRegion, United States of America
The following excerpt is from Urbanec v. Lewis, 902 F.2d 42 (9th Cir. 1989):
2 In 1975, intoxication was not available as a mitigating factor to the death penalty, although Arizona courts have since construed the statute to include it. See State v. Jordan, 614 P.2d 825, 832 n. 5 (1980).
3 Intoxication was also a defense to the specific intent required for theft. See State v. Bridges, 12 Ariz.App. 153, 468 P.2d 604, 611 (1970). Strong circumstantial evidence could defeat the defense. Id.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In death penalty cases, in what circumstances will the Arizona Supreme Court order that a defendant be denied the death penalty unless there are mitigating circumstances? (MultiRegion, United States of America)
Can evidence that was rejected as insufficient to constitute a statutory mitigating factor be considered as a non-statutory mitigating factor? (MultiRegion, United States of America)
What is the test for a petition seeking to quash the death penalty under the Anti-Terrorism and Effective Death Penalty Act? (MultiRegion, United States of America)
What is the impact of the Eighth Amendment on the sentencing of death sentences in death penalty cases? (MultiRegion, United States of America)
In what circumstances will a defendant be eligible for the death penalty at the penalty phase of a murder trial? (MultiRegion, United States of America)
Does the death penalty for rape constitute a disproportionately severe penalty? (MultiRegion, United States of America)
What is the test for individualized sentencing in the context of the death penalty? (MultiRegion, United States of America)
What is the current state of the law on aggravating and mitigating factors? (MultiRegion, United States of America)
What is the difference between the death penalty and life imprisonment? (MultiRegion, United States of America)
How have courts interpreted the Antiterrorism and Effective Death Penalty Act? (MultiRegion, United States of America)
