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Why is it important to define the legal terms "heinous" or "depraved?"

2007-11-27 03:10:29 · 1 answers · asked by Justice 1 in Politics & Government Law & Ethics

1 answers

You have asked two VERY different questions. The courts do not "study" anything, including "evil." The courts interpret and apply the law as written by the legislative branch.

As for your second, more pointed, question. . .
The legal terms "heinous" and "depraved" are usually most relevant in capital trials. Most capital cases require the finding of at least one special circumstance or aggravating circumstance (depending on the state) in order to continue contemplating whether a defendant deserves a death sentence. One common such circumstance is that the crime was "especially heinous, atrocious or cruel" (or similar wording). Note that the crime needs to be MORE than "simply" heinous, atrocious, or cruel -- it needs to be ESPECIALLY so. Another common word used in describing special or aggravating circumstances is "depraved." The importance of defining these as legal terms is that the legal use of the term may differ significantly from the use of the term in common parlance. Jurors need to know the differences in these definitions to be able to apply the legal definition rather than the one used in common vernacular. Unfortunately, a significant body of research indicates that the jury instructions used that are supposed to convey these definitions and the process to be used by jurors are woefully inadequate at doing so. Consequently, jurors do their best, but frequently are mistaken in the application of the law to the issues at hand.

2007-11-27 03:30:45 · answer #1 · answered by jurydoc 7 · 0 0

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