10.95.070 - Special sentencing proceeding -- Factors which jury may consider in deciding whether leniency merited.

Special sentencing proceeding — Factors which jury may consider in deciding whether leniency merited.

In deciding the question posed by RCW 10.95.060(4), the jury, or the court if a jury is waived, may consider any relevant factors, including but not limited to the following:

     (1) Whether the defendant has or does not have a significant history, either as a juvenile or an adult, of prior criminal activity;

     (2) Whether the murder was committed while the defendant was under the influence of extreme mental disturbance;

     (3) Whether the victim consented to the act of murder;

     (4) Whether the defendant was an accomplice to a murder committed by another person where the defendant's participation in the murder was relatively minor;

     (5) Whether the defendant acted under duress or domination of another person;

     (6) Whether, at the time of the murder, the capacity of the defendant to appreciate the wrongfulness of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired as a result of mental disease or defect. However, a person found to have an intellectual disability under RCW 10.95.030(2) may in no case be sentenced to death;

     (7) Whether the age of the defendant at the time of the crime calls for leniency; and

     (8) Whether there is a likelihood that the defendant will pose a danger to others in the future.

[2010 c 94 § 4; 1993 c 479 § 2; 1981 c 138 § 7.]

Notes: Purpose -- 2010 c 94: See note following RCW 44.04.280.