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Section 68 – Special Jury Questions for First Degree Murder; Presentence Hearing Upon Conviction for Consideration of Death Penalty; Consideration by Jury of Aggravating and Mitigating Circumstances; Determination by Jury; Sentence by Court; Validity of Conviction

Section 68. In all cases in which a sentence of death may be imposed, the court shall submit to the jury special questions concerning the issue of murder in the first degree. If the jury determines beyond a reasonable doubt that the defendant is guilty of murder in the first degree, the jury shall specify […]

Section 69 – Aggravating and Mitigating Circumstances in Death Penalty Cases

Section 69. (a) In all cases in which the death penalty may be authorized, the statutory aggravating circumstances are: (1) the murder was committed on a victim who was killed while serving in the performance of his official duties as one or more of the following: police officer, special police officer, state or federal law […]

Section 70 – Death Penalty Imposed; Jury Findings Necessary

Section 70. Where, upon a trial by jury, a person is convicted of a crime which is punishable by death, a sentence of death shall not be imposed unless findings in accordance with section sixty-eight are made. Where such findings are made and the jury finds that the death penalty shall be imposed, the court […]

Section 71 – Review of Death Sentence; Remand; Reversal; Affirmation

Section 71. In addition to review of the entire case pursuant to section thirty-three E of chapter two hundred and seventy-eight, the supreme judicial court shall review the sentence of death imposed pursuant to sections sixty-eight, sixty-nine and seventy of chapter two hundred and seventy-nine. If the supreme judicial court determines that (1) the sentence […]

Section 63 – Delay in Execution of Death Sentence; Consideration of Pardon

Section 63. The governor, with the advice and consent of the council, may from time to time respite the execution of a sentence of death for stated periods so long as he may consider it necessary to afford him, with the advice and consent of the council, an opportunity to investigate and consider the facts […]

Section 65 – Witnesses; Execution of Death Sentence

Section 65. There shall be present at the execution of the sentence of death, in addition to the superintendent, deputy and such officers of the state prison as the superintendent deems necessary, the commissioner of correction or his representative, the person performing the execution under the direction of the superintendent, if any, and the following […]