What is Simmons v. South Carolina? Terms to know in AZ capital cases under review

Elena Santa Cruz, Arizona Republic
Updated ·2 min read

Here are some terms you may come across when reading about defendants in capital murder cases who are facing new sentencing hearings.

  • Simmons v. South Carolina (1994): A U.S. Supreme Court decision which ruled that when a capital defendant's future dangerousness is put at issue during trial, they should be allowed to tell members of the jury that if they decide on a life sentence, it would be without parole.

  • Lynch v. Arizona (2016): A U.S. Supreme Court which ordered Arizona to let capital defendants inform the jury about their parole ineligibility, as the courts had been ignoring the Simmons law.

  • Cruz v. Arizona (2023): A U.S. Supreme Court ruling that told Arizona for a third time to apply the laws from Simmons and Lynch after a man on death row was denied post-conviction relief because the Arizona Supreme Court said that Lynch was not a "significant change in the law," which is a requirement for review.

  • Life without possibility of release: Arizona abolished parole in 1994, so the alternative sentence in the state is life without possibility of release, or natural life.

  • Life without possibility of release for 25 years: This is another sentence option in Arizona. However, for a defendant to be released after 25 years, they must be recommended by the Arizona Board of Executive Clemency to the governor. If the governor approves the recommendation, the defendant will be pardoned. The governor alone cannot pardon a defendant. There must be a recommendation by the clemency board.

  • Future dangerousness: the suggestion that a defendant might offend again.

  • Mitigating circumstance: Factors or evidence presented by the defense to show that the defendant should receive a lenient sentence. This can include a difficult upbringing, mental health issues or standing in the community. A list of some mitigating factors the defense can argue in capital cases can be found here.

  • Aggravating circumstance: Factors or evidence presented by the state to show that the defendant should have a harsher punishment. This can include prior convictions, if the defendant committed the crime while in custody, and if the defendant committed the crime in a particularly cruel manner. A list of the aggravating circumstances that makes a defendant in Arizona eligible for the death penalty can be found here.

  • Penalty phase: This is the phase of the trial where the prosecution and defense present aggravating and mitigating evidence to the jury so they can determine which type of sentence the defendant should receive.

  • Direct appeal: In death row cases, this appeal is automatically filed to the Arizona Supreme Court after a defendant is sentenced to death.

  • Post-conviction relief: After a capital defendants' direct appeal is complete, if a defendant still wants their conviction or sentence modified, they must request post-conviction relief. In Arizona, defendants seeking post-conviction relief must petition to a trial court, meaning that review is discretionary and the right to an appeal is not guaranteed.

This article originally appeared on Arizona Republic: Arizona capital cases under review: Legal terms to know