​In the case of State of Idaho v. Bryan C. Kohberger (Case No. CR29-22-2805), the defense filed a Motion to Strike the State's Notice of Intent to Seek the Death Penalty on the grounds of vagueness in balancing aggravating and mitigating factors. The defense argues that Idaho's capital sentencing framework lacks clear standards for jurors to weigh these factors, potentially leading to arbitrary and unconstitutional death sentences. They contend that the absence of explicit guidelines violates the Eighth and Fourteenth Amendments of the U.S. Constitution, which prohibit cruel and unusual punishment and guarantee due process.​

Furthermore, the defense highlights that the broad and vague nature of Idaho's statutory aggravating factors results in a majority of first-degree murder cases being eligible for the death penalty, failing to genuinely narrow the class of offenders subject to capital punishment. They assert that this overbreadth does not adequately differentiate between cases warranting the death penalty and those that do not, thereby undermining the constitutional requirement for a clear and fair sentencing process. Consequently, the defense requests the court to preclude the death penalty in Kohberger's case, citing these constitutional concerns.

to contact me:

[email protected]



source:

090524-Motion-Strike-States-Notice-Intent-Seek-Death-Penalty.pdf

Become a supporter of this podcast: https://www.spreaker.com/podcast/the-moscow-murders-and-more--5852883/support.