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Article
An Overview of the Capital Jury Project for Military Practitioners: Aggravation, Mitigation, and Admission Defenses
Army Law (2011)
  • Eric Carpenter, Florida International University College of Law
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
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/