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MSNBC Chris Jansing Reports June 4, 2024 18:37:00

Only has the burden of proving mitigating factors by a preponderance of the evidence. the rules are skewed in favor of the defense. they give the defense a benefit of the doubt. when you see these arguments over whether he suffered from mental illness owner, it s not a 50/50 determination. if the defense is getting this evidence in, and if the jury finds it as a mitigating factor, then that goes a long way towards a sentence of life as opposed to death. and for the most part, whether state or federal, this is really about life or death. if there is not a death penalty imposed, then it reverts to life in prison automatically. this has to be a unanimous decision, and if the jury recommends death, under the rules and urn the statute, the judge must impose death. he has no discretion. so once the defense rests, this is like any other jury deliberation, they go in and they stay in until they re ready ....

Mitigating Factors , Defense A , Mitigating Factor , Mental Illness Owner , Death Penalty , Jury Deliberation ,

MSNBC Chris Jansing Reports June 4, 2024 18:38:00

To say either we have a decision or we re deadlocked? yes and no, except the only difference being they re deliberating on additional rules they re given as part of the death penalty process. they re going to consider all of the listed aggravating factors and the factors that the prosecution gave notice of. they re also going to consider mitigating factors, and that s really what they re deliberating. unlike a normal guilt phase jury, they re not deciding guilt or innocence. the issue of mental illness is not about a finding of not guilty by reason of insanity. although it may seem like that from the outside, and it may seem like that in the courtroom. this evidence is really being presented as a mitigating factor. and if the defense or if the jury finds that the defense has proven a mitigating factor, then they may already be to a sentence of life. the rules tend to favor a sentence of life over death. but in a case like this, where ....

Death Penalty Process , Mitigating Factors , Guilt Phase Jury , Mitigating Factor , Mental Illness ,

MSNBC Andrea Mitchell Reports June 4, 2024 16:11:00

Global, moral leadership in defense of human rights. that should have included refusing to transfer cluster munitions which hold a serious risk of harm to civilians. joining me now, ben rhodes and new york times diplomatic correspondent, michael crowley. ben, you re well practiced in this space. what do you see as the diplomatic pitfalls for the biden administration? seems like the civilians at risk, ukrainians, seems to be a mitigating factor. i think this is happening now for a couple of reasons. first, there are clearly shortages of ammunition and we ve seen this ukrainian counteroffensive stalled a bit. i think the biden administration wants to do everything they can to help ukrainians make advances on the battlefield. however, there are real risks. i worked on this issue a lot in ....

Cluster Munitions , Ben Rhodes , New York Times , Human Rights , Michael Crowley , Mitigating Factor ,

MSNBC The ReidOut June 4, 2024 23:06:00

I want to point out the other thing that matters in addition to the jury, in addition to the facts, is what prosecutors, similar cases that prosecutors have charged, and there is a very strong trail of this justice department and prior justice departments charging individuals for illegally retaining and concealing government information. to stay with you for a moment because i want to hear barbara s analysis as well. having works for merrick garland and worked in that department, do you sense that supreme court case that is still active right now, like we don t know how that s going to go, would be a mitigating factor that might make them pause to try to bring a case in d.c. just in case the venue issue could kick in? does that track for you, that they would feel more confident and more comfortable doing the case in florida? listen, i think what i heard andrew weissmann say is that it would be prudent for a reasonable prosecutor to absolutely consider that case. and based on my exp ....

Justice Department , Merrick Garland , Barbara Mcquade , Government Information , Scooter Libby Case , Conservative Majority Supreme Court , D C , Mitigating Factor , Jack Smith , Southern Florida , Andrew Weissmann Say ,

MSNBC Jose Diaz-Balart Reports June 4, 2024 15:15:00

Mitigating factor for bringing capital punishment. the same d.a. discussing possible charges in another county. he confirmed that oropesa s wife is in montgomery county jail. she is being looked at of transporting oropesa to the house about 15 or 20 miles away from where the massacre happened. he was spotted during what we thought was a false flag. law enforcement rushed highway 105. that was not oropesa. on foot. and days later, only two, he s uncovered in a nearby town called cut and shoot, texas. a second person is also behind bars right now. that s two that s not the murder suspect. his name is domingo. he is facing a marijuana charge. he will ultimately be charged with abetting the suspect, as well. i just had a conversation, with the deputy sheriff who ....

Francisco Oropesa , Capital Punishment , Mitigating Factor , D A , Montgomery County Jail , Transporting Oropesa , Cut And Shoot , Con Foot , Law Enforcement Rushed Highway 105 , Marijuana Charge , Deputy Sheriff , Murder Suspect ,