How would this Standard affect the application of the death penalty in criminal sentencing?
The Depravity Standard will improve the fairness of criminal sentencing, such that sentences are determined based on objective facts about the crime itself—as opposed to judging the offender. This Standard is not pro- or anti-death penalty; and the Depravity Standard will neither advance nor inhibit its application—it will, however, help to make criminal sentencing decisions consistent and non-arbitrary. Confronting the decision of whether or not to recommend a death sentence is an inherently demanding experience for a juror. At present, the decision can be all the more difficult without the benefit of a guideline. If standardized distinctions of depraved crimes enable jurors to wrestle with such powerful decisions with greater confidence, we are proud to assist in the process.
