XVI MOTION TO DECLARE 42 Pa.C.S.A 9711 et. seq.
UNCONSTITUTIONAL AND TO BAR IMPOSITION OF THE DEATH PENALTY
96. Cuadra incorporates herein by reference and makes a part hereof Paragraphs one (1) through ninety five (95), above, inclusive, as if the same were fully set forth at length herein.
97. 42 Pa. C.S. Section 9711 et. seq. violates the prohibitions against cruel and unusual punishment contained in the Constitution of the Commonwealth of Pennsylvania and the Constitution of the United States of America because of the mandatory nature of the act.
98. 42 Pa. C.S. Section 9711 et. seq. is unconstitutional on its face in that it precludes that jury from exercising the historical right and function to dispense mercy.
99. 42 Pa. C.S. Section 9711 et. seq. is unconstitutional on its face because it does not require finding beyond a reasonable doubt that the aggravating circumstances outweigh the mitigating circumstances, and it places the burden of proof on the accused to prove mitigating circumstances.
100. 42 Pa. C.S. Section 9711 et. seq. is unconstitutional as a denial of equal protection of the law- since the statute creates categories for which the penalty may be imposed which separate and rule out Defendants for which the penalty may not be imposed in a manner that is not rationally related to a legitimate state objective.
UNCONSTITUTIONAL AND TO BAR IMPOSITION OF THE DEATH PENALTY
96. Cuadra incorporates herein by reference and makes a part hereof Paragraphs one (1) through ninety five (95), above, inclusive, as if the same were fully set forth at length herein.
97. 42 Pa. C.S. Section 9711 et. seq. violates the prohibitions against cruel and unusual punishment contained in the Constitution of the Commonwealth of Pennsylvania and the Constitution of the United States of America because of the mandatory nature of the act.
98. 42 Pa. C.S. Section 9711 et. seq. is unconstitutional on its face in that it precludes that jury from exercising the historical right and function to dispense mercy.
99. 42 Pa. C.S. Section 9711 et. seq. is unconstitutional on its face because it does not require finding beyond a reasonable doubt that the aggravating circumstances outweigh the mitigating circumstances, and it places the burden of proof on the accused to prove mitigating circumstances.
100. 42 Pa. C.S. Section 9711 et. seq. is unconstitutional as a denial of equal protection of the law- since the statute creates categories for which the penalty may be imposed which separate and rule out Defendants for which the penalty may not be imposed in a manner that is not rationally related to a legitimate state objective.
101. 42 Pa. C.S. Section 9711 et. seq. is unconstitutional as a violation of the separation of powers doctrine.
102. 42 Pa. C.S. Section 9711 et. seq. is unconstitutional as it applies to the facts and circumstances of the case at bar.
WHEREFORE, the Defendant, Harlow Cuadra, moves this Honorable Court to declare 42 Pa. C.S. Section 9711 et. seq. unconstitutional and to bar imposition of the death penalty.
102. 42 Pa. C.S. Section 9711 et. seq. is unconstitutional as it applies to the facts and circumstances of the case at bar.
WHEREFORE, the Defendant, Harlow Cuadra, moves this Honorable Court to declare 42 Pa. C.S. Section 9711 et. seq. unconstitutional and to bar imposition of the death penalty.
