Aggravating circumstances refers to the factors that increase the severity or culpability of a criminal act. Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal.
This case will be heard alongside Kansas v. Carr (14-449, 450). Read our preview here.
Must courts explicitly instruct juries about the relevant burden of proof for mitigating circumstances in capital murder cases?
The Supreme Court will consider whether, in capital murder cases, jury instructions given in the penalty phase that fail to affirmatively state that mitigating circumstances need not be proven beyond a reasonable doubt violate the Eighth Amendment of the U.S. Constitution. See Brief for Petitioner, State of Kansas at i. Gleason argues that his Eighth Amendment right was violated because a problematic jury instruction, which lacked an affirmative statement about the appropriate burden of proof, likely precluded individual jurors from considering relevant mitigating evidence. See Brief for Respondent, Sidley J. Gleason at 11. On the other hand, Kansas maintains that Gleason’s Eighth Amendment right was not violated, because the jury properly applied the mitigating circumstances without confusion during deliberations. See Brief for Petitioner at 21–22. The Court’s decision could change how states instruct juries in capital murder cases and may lead courts to reexamine prior convictions. See Brief of Amici Curiae Criminal Justice Legal Foundation (“CJLF”) et al., in Support of Petitioner at 7–8.
Whether the Eighth Amendment requires that a capital-sentencing jury be affirmatively instructed that mitigating circumstances “need not be proven beyond a reasonable doubt,” as the Kansas Supreme Court held here, or instead whether the Eighth Amendment is satisfied by instructions that, in context, make clear that each juror must individually assess and weigh any mitigating circumstances?
On February 12, 2004, Sidney Gleason, Damien Thompson, Ricky Galindo, Brittany Fulton, and Mikiala Martinez robbed Paul Elliott at knifepoint in his home in Great Bend, Kansas. See State v. Gleason, 329 P.3d 1102, 1113–14 (Kan.
