What are laws that provide for the death penalty based on weighing aggravating and mitigating circumstances?

Guided-discretion laws

Explanation: In death penalty cases, one of the most basic principles is that sentencing juries must be adequately and thoroughly guided in their deliberations. The discretion of the jury has to be limited and greatly understood and that imposing severe sentencing such as the death penalty is the only option after weighing all evidence. Also, the case has to be different from just any murder.

In order to avoid abuse and help exercise proper capital sentencing by the jury, state death penalty statutes must guide the discretion of the sentencer (i.e., the jury, unless waived by the defendant) by providing a statutory list of “aggravating circumstances” and also by requiring the jury to consider the full range of possible “mitigating circumstances” raised by the defendant or by the evidence presented to the court.

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