When a defendant pleads guilty to a first degree murder charge under the Arizona State Criminal Code Act, what is the test for the death penalty?
MultiRegion, United States of America
The following excerpt is from Sims v. Eyman, 405 F.2d 439 (9th Cir. 1969):
Under this statute, when a defendant pleads guilty to a first degree murder charge, the judge determines the punishment, and he may impose the death penalty. State v. Kruchten, 101 Ariz. 186, 417 P.2d 510 (1966).
Arizona Rules of Criminal Procedure, Rules 336 and 187, 17 A.R.S. read:
Rule 336 has been broadly interpreted in Arizona. The "circumstances" mentioned therein are not limited to extenuating
[405 F.2d 443]
circumstances immediately surrounding commission of the offense but include any type of information, both favorable and unfavorable, about the defendant's background and character. The judge assessing punishment is not bound by rules of evidence in hearing evidence to determine punishment, and he may consider many matters in mitigation or aggravation which would be inadmissible on the issue of guilt or innocence. State v. Levice, 59 Ariz. 472, 130 P.2d 53 (1942).[405 F.2d 443]
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