Not all murder charges can get the death penalty in Utah.
Not every death is a murder, and not every murder qualifies for the death penalty in Utah. Historically, the death penalty has been imposed for a variety of serious crimes. But under modern interpretations of the United States Constitution, simply killing someone isn’t enough to justify a death sentence in Utah. Even in a murder case where the prosecution is seeking the death penalty, the Constitution requires that the evidence must meet specific legal criteria that raise the charge to aggravated murder.
This concept may seem strange. After all, isn’t any murder “aggravating”? But under Utah law, only certain circumstances elevate a murder to the level of aggravated murder. These distinctions determine whether prosecutors can pursue the death penalty or settle for a sentence of life in prison.
Does the death penalty violate the Eighth Amendment’s prohibition of cruel and unusual punishment?
The U.S. Supreme Court has ruled that the Eighth Amendment, which prohibits cruel and unusual punishment, limits how the death penalty is applied. The Court has emphasized that it cannot be used in an “arbitrary and capricious manner.” To ensure this, death sentences are reserved for “a narrow category of the most serious crimes.” In other words, only the “worst of the worst” offenders can face the ultimate punishment.
That’s why Utah law requires that aggravating factors be proved in order to justify the death penalty. Without these aggravators, ordinary murder doesn’t meet the constitutional standard for allowing capital punishment.
What constitutes an aggravator?
An aggravator is a specific factor that makes a murder especially severe. Utah law identifies specific factors that, if proved beyond a reasonable doubt to a jury, can elevate a murder charge to aggravated murder. By limiting death penalty-eligible cases to only those where an aggravating factor exists, courts have held that Utah’s use of the death penalty meets Constitutional standards.outlines these factors to guide prosecutors and prevent arbitrary decisions about who faces the death penalty. However, the application can still feel inconsistent.
For example, one potential aggravator in Utah is committing a murder “in an especially heinous, atrocious, cruel, or exceptionally depraved manner.” Certainly, any murder is going to be heinous, atrocious, etc. But Utah’s appellate courts have ruled that “especially” in this context requires something beyond the ordinary. Still, distinguishing between “heinous” and “especially heinous” is not a simple black-and-white analysis.
Another example of a potential aggravator is if a murder is followed by intentional mutilation of the body (“corpse”). In our Ask Brad series, we explore how this has been interpreted in Utah. Some prosecutors have argued that even a gunshot wound can constitute “mutilation” under Utah law. Different interpretations of the specific words used in Utah’s statutes can make the death penalty feel anything but predictable.
Mitigating factors must also be considered.
Prosecutors must first prove the aggravating factors in a murder case before a jury can even consider the death penalty. But when determining what punishment will be imposed, a jury is required to also consider mitigating factors that may exist.
The sentencing portion of an aggravated murder trial is essentially a second trial, with the same jury, in which the prosecution must convince the jury that the death penalty should be imposed.
An experienced criminal defense team is critical.
Any criminal charge is serious. But the seriousness of an aggravated murder charge cannot be overstated. It is literally a matter of life and death.
Stone River Law is one of only a few private law firms in Utah with attorneys who have significant experience in aggravated murder capital crimes defense. If the unthinkable has happened, and you need to hire an attorney, please contact us directly. Let’s talk about what the options are, what needs to happen, and what we can do to help.