Why is it important to define the legal terms “heinous” or “depraved?”
In many states, there are aggravating factors that can effect a defendant’s sentence if found guilty. One of these aggravators is depravity of the crime. If a defendant is found guilty of a crime deemed to be especially depraved, heinous, atrocious, cruel, wonton, vile, etc. they can have years added to their sentence, or be given the death penalty, depending on the offense. Words like “evil,” “heinous” and “depraved” have been upheld as constitutional. Yet, even in a justice system that seeks to uphold fairness and objectivity, there is no standardized, or consistent, clear definition for these presently used legal terms. Current specifications within the United States, established in higher court decisions and applied by lower courts, vary from state to state—and even between courts within the same state. With ill-defined instructions, judges and jurors have little direction as to what makes a crime “depraved.” they are forced to rely on easily manipulated emotions. In certain instan
