Capital Sentencing Guide

NOT A FUTURE DANGER

NON-STATUTORY – NOT A FUTURE DANGER

State v. (John Edward) Sansing, 206 Ariz. 232, 77 P.3d 70 (2003) (Ring)
Given the “shocking circumstances of this crime,” no reasonable jury could have given more than minimal weight to Sansing’s argument that he presents no future threat.

State v. (Brian Jeffrey) Dann, 220 Ariz. 351, 207 P.3d 604 (2009)
Defense expert testified that past significant violence, specifically a triple homicide, and drug abuse are indicators of future dangerousness. He also testified that protective factors, those that would decrease someone’s risk for future violence, include a sufficient IQ, social support, and involvement in a structured work environment while incarcerated.

Because the record also showed other acts of violence in Dann’s past, the court found Dann had not established lack of future dangerousness.

State v. (Alfredo Lucero) Garcia, 224 Ariz. 1, 226 P.3d 370 (2010)
The fact that Garcia will never be released from prison provides only minimal weight for mitigation purposes.

State v. (Scott Alan) Lehr (Lehr II), 227 Ariz. 140, 254 P.3d 379 (2011)
Lehr presented evidence to show that a natural life sentence would be a viable alternative to the death penalty because he has been sentenced to at least 716 years imprisonment for his non-capital convictions, he has been a well-behaved inmate with few disciplinary problems, and he poses little risk of violent conduct in prison. The Court gave all this mitigation little weight.


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