Article
An Overview of the Capital Jury Project for Military Practitioners: Aggravation, Mitigation, and Admission Defenses
Army Law
(2011)
Abstract
This article takes the findings from the Capital Jury Project (CJP) and applies them to military court-martial practice, taking note of military specific rules and case law that gain new meaning when placed in a CJP-informed context. This article covers themes in aggravation and mitigation and discusses the underlying juror beliefs that drive those themes. Throughout, the article explores how counsel on both sides of a capital court-martial can use these findings to improve their trial practice but pays special attention to how admission defenses address these themes.
Keywords
- Capital Jury Project (CJP),
- aggravation,
- mitigation,
- juror belief systems,
- Military Justice,
- defenses,
- non-capital practice,
- reduced culpability,
- lack of remorse,
- loathing,
- fear
Disciplines
Publication Date
July, 2011
Citation Information
Eric Carpenter. "An Overview of the Capital Jury Project for Military Practitioners: Aggravation, Mitigation, and Admission Defenses" Army Law Vol. 7 (2011) p. 16 - 26 Available at: http://works.bepress.com/carpentere/13/